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Full text of "SECOND INTERIM REPORT OF THE SELECT COMMITTEE ON THE MUNICIPAL ACT AND RELATED ACTS, MARCH, 1963"

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Presented to the 

LIBP-ARY of the 

UNIVERSITY OF TORONTO 

by 

Mr. K. Bryden, M.P.P. 



HANDBOUND 
AT THE 

Wfa. 



UNIVERSITY OF 
TORONTO PRESS 



Government 
Publications 



Digitized by the Internet Arclnive 

in 2012 with funding from 

University of Guelph, University of Windsor, York University and University of Toronto Libraries 



http://archive.org/details/secondinterimrepOOonta 







ONTARIO 



Second Interim Report 

of 

Select Committee 

on 

THE MUNICIPAL ACT 
AND RELATED ACTS 



March, 1963 



'*°-' 22 1969 



CONTENTS 

Page 

Acknowledgements ii 

Members of the Select Committee on the 

Municipal Act and related Acts iii 

Introduction 1-11 

The Municipal Act 4 

The Assessment Act 5-7 

The Planning Act 7-9 

The Local Improvement Act 9-10 

The Municipal Franchise Extension Act 10- 11 

The Voters' Lists Act 10- 11 

Recommendations 12 - 103 

The Municipal Act 12-54 

The Assessment Act 55 - 78 

The Planning Act 79-92 

The Local Improvement Act 93 - 102 

The Municipal Franchise Extension Act 103 

The Voters' Lists Act 103 

Conclusion 104 - 105 



11 



ACKNOWLEDGEMENTS 



The Select Committee invited the 
presentation of briefs or submissions in a 
letter sent to the clerk of each municipality 
in May 1961 and also in an advertisement 
inserted in the daily and weekly newspapers 
of the Province of Ontario in the Fall of 
1962o The Committee wishes to thank the 
many municipal councils, local boards, 
municipal officials, associations and 
individuals for the thoughtful consideration 
given to the matters presented in the many 
excellent submissions received. 



Recognized authorities on various 
aspects of municipal. legislation and municipal 
government, the Clerk of the Legislative 
Assembly, many senior civil servants of the 
Department of Municipal Affairs, the Conservation 
Authorities Branch of the Departnnent of Lands 
and Forests, the Municipal Roads Branch of the 
Department of Highways, the Mines Inspection 
Branch of the Department of Mines and the 
Chairman of the Ontario Municipal Board met 
with the Select Committee on The Municipal Act 
and related Acts and their assistance is gratefully 
acknowledged. 



The Committee also wishes to thank 
Mr, James A. Taylor, Legal Counsel, Mrs, H, G, 
Rowan, C.A,, Secretary, and Mrs. E, Eaton for 
their assistance and advice. 



Ill 



MEMBERS OF 

SELECT COMMITTEE ON THE MUNICIPAL ACT 
AND RELATED ACTS 



Hollis E. Beckett, Q.C., Chairman York East 

Rheal Belisle Nickel Belt 

Alfred H, Cowling High Park 

Arthur D, Evans ••••• Simcoe Centre 

George T. Gordon , , Brantford 

Donald H, Morrow ,,, Ottawa West 

Ron K. McNeil Elgin 

Vernon M. Singer, Q, C York Centre 

Thomas D, Thomas Oshawa 



James A. Taylor ••• Legal Counsel to the 

Committee 

(Mrs. ) H. G. Rowan, C, A, , Secretary to the 

Committee 

(Mrs, ) Edna Eaton Assistant to the 

Secretary 



Mr. Belisle resigned as a Member of the Legislature 
on February 5th, 1963, to accept an appointment to the 
Senate of Canada, 



The Honourable the Parliament Buildings, 

Legislative Assembly of the Toronto, Ontario. 

Province of Ontario. • March 28th, 1963. 

Honourable Meinbers: 

On Monday, March 27th, 1961, 
during the Second Session of the Twenty- sixth Parliament, 
the following Motion was nnoved by the Honourable 
Leslie M. Frost, Q. C. , Prime Minister of Ontario, 
and seconded by the Honourable Wm. K. Warrender,Q. C. , 
and duly carried: 

"Ordered, That a Select Committee of this 
House be appointed to enquire into and review 
The Mvinicipal Act of the Province and related 
Acts, including The Assessment Act, The 
Department of Municipal Affairs Act, The 
Local Improvement Act, The Ontario Miinicipal 
Board Act and The Planning Act, and the 
regulations made thereunder, for the purposes 
of modernizing, consolidating and simplifying 
such Acts and regulations and making such 
recomnnendations as may be necessary for 
their improvement. 

And That the Select Committee have authority 
to sit during the interval between Sessions and 
have full power and authority to call for persons, 
papers and things and to examine witnesses 
under oath, and the Assembly doth command 
and compel attendance before the Committee of 
such persons and the production of such papers 
and things as it may deem necessary for any 
of its proceedings and deliberations, for which 
purpose the Honourable the Speaker may issue 
his warrant or warrants. 

And that the said Committee consist of nine 
members, as follows: 

Mr. Beckett (Chairman), Messrs. Belisle, Evans, 
Cowling, Gordon, Morrow, McNeil, Singer and 
Thomas. " 



On Friday, February 23rd, 1 962, 
the Chairman presented the first Interim Report of the 
Committee dated November 23rd, 1961, (Appendix A) 
and on March 2nd, 1962, on Motion by the Honourable 
J, P. Robarts, Q.C, Prime Minister of Ontario, 
seconded by Mr, Beckett, it was ordered that the 
Committee be reappointed to continue with the same 
membership and same powers and duties as previously 
established. 

An advertisement inviting the 
presentation of submissions by elected members and 
appointed officials of municipal governments, local 
boards, commissions, groups of persons and individuals, 
was inserted in the daily and weekly newspapers through- 
out the Province in the Fall of 1962, A total of 125 
briefs have been received; 38 from municipalities and 
87 from organizations and individuals, (Appendix D) 

The Committee sat for 84 days 
in 1961 and 1962 and received approximately 98 
delegations and heard 403 persons appearing in support 
of their briefs, (Appendix E) 

The Committee's study of 
municipal matters brought to light an avalanche of 
material which had to be sifted, sorted and used in 
a pragmatic way. It is trite to say that while good 
legislation may provide the tools and create the vehicle 
for sound local government, it does not by itself 
generate well-administered municipalities. The 
problem is both legislative and administrative. The 
people who are being governed are of paramount 
importance and this thought must be kept constantly 
to the fore. 

It is obvious that the emergence 
of a well-administered mtonicipality, in accordance with 
our democratic concept, is not a simple achievement. The 



number of persons, who avail themselves of the 
opportunity to participate in the election of their 
local council, often bears witness to this fact. 

The sphere of local government 
has constantly expanded until now it not only engages 
in almost every conceivable social activity, but has 
become inextricably wedded to individual enterprise. 

Less emphasis on the impor- 
tance of property ownership, and extended franchise 
and a broader tax base are factors that must be 
seriously considered in the current operation of 
mtmicipal affairs. The problem of preserving local 
autonomy, and at the same time raising revenue 
locally to finance local needs, pernneates the whole 
fabric of municipal government. 

The Committee has not pre- 
supposed the sanctity of local self-government, but 
has come logically to the conclusion that it must be 
preserved in order to protect, nurture and further 
develop to maturity our inherent belief in political 
freedom and personal liberty. This fundamental 
philosophy can very easily be overlooked in the 
scramble for efficiency and expediency if too little 
emphasis is placed on the means of accomplishing 
a specific result. 

In order to preserve local 
autonomy, it is imperative that local governments 
have complete jurisdiction and control over matters 
of purely local nature, including the means of 
raising revenue to finance these undertakings. 

The Municipal Act, The Assessment 
Act, The Planning Act, The Local Improvement Act, The 
Municipal Franchise Extension Act and The Voters* 
Lists Act and the regulations nnade thereunder are all 
considered in this Interim Report, 



The Mtinicipal Act 

The Municipal Act lends itself 
to considerable amendment, reorganization of material 
and overall simplification. This is especially so in 
regard to elections, the voting on by-laws, penalty 
clauses, actions by and against municipal corporations 
and matters relating to highways and bridges. 

The extension of the municipal 
franchise to persons not rated as property owners or 
tenants recognizes the rapid increase of services 
furnished to people as distinguished from services 
furnished to property, A corollary of this is a greater 
participation in the financing of these services by the 
municipal residents regardless of property ownership. 

Local municipalities are 
classified as cities, towns, villages and townships, 
with the latter class generally being considered rural. 
However, the exodus from the cities to the coiintry 
has entirely changed the nature of many townships, 
especially those adjacent to large urban comnnunities. 
They are usually residential and lack the balanced 
assessment base considered necessary to adequately 
provide the required services. Many of the powers 
and duties of the miznicipality are predicated on its 
nomenclature and in some instances it is one of the 
factors used in the calculation of grants made by the 
Province, The township that is no longer rural may 
find that it has outgrown its governing legislation. 
Consideration should be given to the redesignation of 
the municipalities according to the character of the 
area, possibly as rural or urban with density of popu- 
lation being an important factor. 

The Committee is of the opinion 
that The Municipal Act, The Assessment Act, The 
Planning Act, The Local Improvement Act, pertinent 
sections of The Municipal Franchise Extension Act and 
Parts I and II of The Voters* Lists Act be modernized, 
simplified and consolidated. 

Recommendations for amendment 
to The Mionicipal Act are set forth on Pages 12 to 54, 



The Assessraent Act 

No local government can 
function without the necessary funds to carry out 
the legal obligations and fulfill the numerous social 
responsibilities incumbent upon it if it is to 
govern in the best interests of the community as 
a whole. Representations made to the Committee 
in regard to matters of assessment and taxation 
far outnumbered any other single subject. Legis- 
lation that picks the pocket is quickly felt. 

The ixnder lying and persistent 
fact, which penetrates the whole field of assessment 
and taxation is that the niomber, kind and standard 
of service that the municipality is now called upon 
to provide is vastly different from those municipal 
services provided when the assessment legislation 
was rewritten in 1904. 

The present method of raunicipal 
finance is outmoded, discriminatory and compoionded 
by contradiction. While the basis of raxinicipal taxation 
is inseparable from real property, there are in fact 
two distinct types of services rendered by local 
governments. Firstly, there is the servicing of 
'real property' by providing such services as water, 
sewers, sidewalks, roads, and fire protection. Secondly, 
there are the services provided to 'persons', such as 
education, administration of justice, parks and 
recreation. Services provided to property should be 
financed by the owners of property and services 
provided to people should be financed by the people who 
reap the benefit. 

The Committee does not recom- 
mend that services now performed by local mxinici- 
palities be turned over to the Province for administration. 
Nor does it recommend that the Province naake bigger 
grants to the municipalities. However, it does recom- 
mend a revision or realignment of the source of 
revenue for the financing of the two distinct classes 
of services mentioned above. 



The present business tax is an 
anachronism. The nnultiplicity of rates currently 
exist without logic and the tax itself has no reference 
to services furnished. 

Further confusion and dis- 
crimination is caused by the necessity of setting 
two mill rates - one for commercial and industrial 
taxation and the other for farm and residential 
taxation. 

There has been an increasing 
tendency to exempt the properties of certain 
institutions from municipal taxation because of 
their altruistic objects. There are many charitable 
institutions throughout the Province operated by 
dedicated and publicly spirited people possessing an 
intense feeling of civic responsibility and pride. It 
is the feeling of the Committee that the local 
municipality can best judge the public contribution 
of these institutions, and accordingly recommends that 
there be no general exemptions from taxation but 
rather that all future exemptions of properties used 
by these institutions be left to the discretion of the 
local council. In this way the local council and 
inhabitants will be kept aware of the real property 
which is not being required to pay what would 
otherwise be its share of the cost of municipal 
services relating to real property, 

A great many of the inequitable 
assessments throughout the Province of Ontario arise 
out of the reluctance of assessors to employ a current 
concept of actual value. The present Assessment Act 
appears to be abundantly plain in this regard, but 
nevertheless the evidence presented to the Committee 
establishes the unalterable fact that the concept of 
actual value is seldom employed. 

Inequities also appear because 
of a deficiency of properly trained assessors and 
assessment commissioners, Comnnon sense and sound 



business practice may be scarce commodities, but 
no assessment manual can legislate or impart 
these qualities. Proper training facilities should 
be made available to every person who aspires to 
assess, and the Conamittee feels that it is 
incumbent upon the Province of Ontario to not only 
provide such facilities, but also to licence those 
persons who become chief assessors in the sanne 
manner as municipal auditors. 

It has been argued that assessing 
should be done on a county basis, with a single assess- 
ment connmissioner for the entire county. However, 
after careful consideration, the Committee is of the 
opinion that such a proposal should not be forced upon 
the local municipalities. They now have the option 
of retaining their own assessment commissioner, 
sharing an assessment commissioner with one or 
nriore municipalities, or transferring the field of 
assessment to a county assessment commissioner to 
administer. This freedom of choice should remain on 
the premise that whoever performs the function would 
be qualified and licensed accordingly. 

Appeals should be made directly 
from the courts of revision to a special tribunal, and, 
on questions of law, to the Ontario Court of Appeal, 
The time for all appeals should be liniform. The 
special tribunal referred to might be the one that the 
Select Committee on Land Expropriation recommended 
be appointed by the Government of Ontario to assess 
compensation on expropriation and deal with matters where 
the valuation of property is significant. 

Recomnaendations for amendment 
to The Assessnaent Act are set forth on Pages 55 to 78. 



The Planning Act 

Community Planning is a relatively 
recent governmental adventure in the Province of Ontario 



that has not been fully accepted by the people. The 
first Planning Act as such was passed in 1946, 
although a thread of planning can be traced back to 
1913. 

Our heritage of freedom of 
activity, sanctity of property and a general pre- 
dilection against government regulation and control 
has no doubt contributed to the citizens' suspicion 
of modern planning technique. 

The difficulty of planning 
semi-developed communities, combined with the 
often experienced inability to plan in toto, has 
focus sed attention upon the inequities made apparent 
by partial planning. The picture of perfection often 
painted of a planned community does little to incite 
public confidence in planning when that ideal is 
seldom achieved, 

A rapidly increasing population 
and the autonaobile has forced the horizontal expansion 
of our commtinities with the resulting myriad of 
problen:is. Distance is measured by minutes rather 
than miles in the physical nnovement of people. 
However, roads, sidewalks, sewers, watermains 
and the other public utilities cannot be constructed 
and financed in minutes. It is inn.perative that 
effective planning legislation be available to local 
municipalities to control and direct the development 
of their comnnunities. 

There is considerable arguinent 
in favour of creating more natural municipal 
boundaries with particular reference to the watersheds 
that dictate the development of any sanitary and storm 
sewer drainage pattern. However, it is indeed diffi- 
cult to discover a catalyst which would operate quickly 
to create more logical municipal boundaries and at 
the same time produce financially and functionally 
sound political units. This is not to say that some 
degree of planning should not be undertaken on a broader 
scale than at present. 



Similar services are often 
constructed and raaintained by different levels of 
government depending on the magnitude of the 
undertaking and the area to be serviced. Obvious 
examples are highways, and to an ever-increasing 
degree, trunk sewers and water systems. 

It is easy to fall prey to 
expediency in the solution of our problems. To 
impose from above may be a convenience of the 
moment but in the long run a transgression of 
civic freedom and personal choice. Local autonomy 
and the established ease of communication between 
the governed and those who govern should not be 
lightly disturbed. 

Recommendations for amendment 
to The Planning Act are set forth on Pages 79 to 92, 



The Local Improvement Act 

A local improvement is a 
work that benefits a particular area only or the 
properties on a certain street. By the same token, 
the cost of the work is borne by the owners of the 
property specially benefited as opposed to the mion- 
icipality as a vJ^hole, A property owner's portion 
of the cost is commensurate with the degree of 
benefit his property enjoys and elaborate procedure 
ensures that the cost is equitably assessed. 

The Local Improvement Act 
enunciates a sound principle and permits a wide 
range of municipal services to be constructed in this 
manner. The Municipal Act gives authority to 
municipalities to regulate the method of making 
private sewer connections to a sewer system and the 
consent of the municipality is necessary in this regard. 
The municipal council can also require the owners of 
land to make connections into a nnunicipal sewer. The 
Ontario Water Resources Commission Act must be 



10 



complied with, and the approval of the Commission 
is necessary prior to undertaking such local 
improvement works as the laying of sewers and 
watermains. 

It is difficult indeed to 
entirely divorce all of the statutes dealing with 
municipal matters so as to render them independent 
and complete in their own righto The fusion of the 
various statutes would be equally difficult and 
extremely illogical. However, the re-arrangement 
of the subject matter of The Local Improvement 
Act, the adoption of the following recommendations 
and the consolidation of this Act with The Municipal 
Act, The Assessment Act and The Planning Act 
would prove to be of some practical value. 

Recommendations for amendment 
to The Local Improvement Act are set forth on Pages 93 
to 102. 

The Municipal Franchise Extension Act - and 
The Voters' Lists Act. 

Coincident with the Committee's 
recommendation that municipalities with similar 
characteristics should have similar powers re- 
gardless of nomenclature is the belief that the franchise 
should extend to every Canadian citizen over 21 years 
of age who has resided in the municipality for at least 
one year prior to the election. The government of a 
municipality should not be tied to real property 
interests nor should the ownership of real property be 
the sole criterion for eligibility to pay taxes. 

The Municipal Franchise 
Extension Act gives all municipalities permission to 
extend the vote and provides for the preparation of 
a resident voters' list. 

Parts I and II of The Voters' 
Lists Act pertain to the preparation of the voters' 
lists. It is \innecessary to retain this legislation in 



11 



the present form. Instead the pertinent provisions 
of The Municipal Franchise Extension Act should be 
incorporated into The Municipal Act along with 
Parts I and II of The Voters^ Lists Act as amended. 

Recommendations for 
amendment to The Municipal Franchise Extension 
Act and The Voters' Lists Act are set forth on 
Page 103. 



12 



THE MUNICIPAL ACT 
R.S.O. I960, C.249 
as amended in 1960-61 and 1961-62 



RECOMMENDATIONS 



Observations; It has been recomraended 

that all the Acts which contain legislation per- 
taining exclusively to mxinicipalities should be 
embodied in The Municipal Act. The Acts referred 
to are The Assessment Act, The Local 
Improvement Act, The Planning Act, The Voters* 
Lists Act - Parts I and II and The Municipal 
Franchise Extension Act. Consolidation would be 
effected by treating each of the subjects as a 
separate part of The Municipal Act* 

Reconamendation: That there be one Interpretation 

Section containing the general interpretations 
applicable to the Acts being consolidated. 



PART I 
FORMATION, ERECTION, ALTERATION OF 

BOUNDARIES, AND DISSOLUTION OF 
MUNICIPALITIES, ETC. 

SECTION 11 

Observations: This section permits a village 

or town having a population of not less than 15, 000 
to make an application for erection into a city but 
requires a township to have a population of not less 
than 25,000 before a sinnilar application may be nnade. 
There is no necessity for distinguishing between 
towns, villages and townships in this regard. 

Recommendation: That towns, villages and 

townships having a population of not less than 15,000 
may make application to the Ontario Municipal Board 
to be erected into a city. 



13 



THE MUNICIPAL ACT 



SECTION 13 

Observations: This section provides that 

the Ontario Municipal Board must divide a city and, 
at its discretion, raay divide any other local 
municipality into wards. 

Recommendation; That there be permissive 

legislation enabling any municipality to divide itself 
into wards and this power should not be mandatory 
in the case of cities, 

SECTION 14 

Observations: This section relates to the 

matter of amalgamations and annexations. The 
Registry Act provides for the registration of the 
municipal by-law as well as the order of the Ontario 
Municipal Board, As the order of the Ontario 
Miinicipal Board defining the boundaries of lands to 
be annexed are quite often dissimilar from the 
boundaries of the lands which a municipal corporation 
proposes to annex, there is no apparent need for 
perpetuating conflict by the registration of both 
documents. 

Recommendation: That a municipality be required 

to register only the Ontario Municipal Board Order 
in connection with an amalgamation or annexation 
proceeding, 

Ob s e rvation s : This section also contains a 

definition of a local board which might better be 
inserted in the General Interpretation Section of the 
Act. 

Recomnnendation: That the definition of "local 

board" be inserted in the General Interpretation Section 
of the Act. 



14 



THE MUNICIPAL ACT 



Observations: The use of the words "Canadian 

Citizen" would be more appropriate than "British 
Subject" and the necessary changes where these 
words occur should be made, 

Reconfimendation : That the words "Canadian 

Citizen" be substituted for the words "British Subject" 
wherever they occur. 

Observations: The Committee has recommended 

an extension of the franchise to all Canadian Citizens 
21 years of age or over who have resided in the 
municipality for at least one year prior to the 
election, (Sec. 37 - P. 18) 

Recommendation : That all persons entitled to vote 

at municipal elections be permitted to vote on matters 
pertaining to annexations and amalgamations. 

Observations: The present section contemplates 

a vote in certain circumstances by the people of the 
municipality initiating the application for amalgannation 
or annexation. The Committee is of the opinion that 
the people in the municipality proposed to be annexed 
should similarly have a say in the proceedings. In 
every instance the people to be annexed to or amalgamated 
with another mvinicipality should vote on the question in 
addition to the people of the municipality initiating an 
application for annexation or amalgamation so that 
everyone affected expresses his view. The result of 
this vote should be filed with the Ontario Municipal 
Board at the time the application is being considered 
and weighed as a factor in the proceedings prior to 
making an order. 

Recommendation: That no application for annexation 

or amalgamation be permitted until the matter is 
referred to and voted on by the people in the munici- 
pality applying for the annexation or amalgamation and also 
the people in the municipality which is proposed to be 
annexed or amalgamated. 



15 



THE MUNICIPAL ACT 



That the result of the vote be 
filed with the Ontario Municipal Board and considered 
as one of the factors in the proceedings. 

Observations: Representations were made 

that municipal employees and their conditions of 
employment should be considered on an application 
for annexation or amalgamation. 

Recommendation: That on an application for 

annexation or amalgamation employee relations and 
conditions of employment and all disputes in con- 
nection therewith shall be considered and arbitrated 
by the Ontario Municipal Board. 

SECTION 24 

Observations: The legislation dealing with the 

creation and operation of inter-urban areas was 
enacted in 1954 and the Connmittee was informed 
that it has been applied only once. Section 250a^ 
enacted at the 1961-62 Session of the Legislature 
permits a local naunicipality to pgiss by-laws for 
entering into and performing any agreennent with any 
other coixncil for executing, at their joint expense and 
for their joint benefit, any work within the jurisdiction 
of the council. It has been suggested that section 24 
might be deleted. The pertinent parts of section 25 
would also have to be deleted in so far as they apply 
to inter-urban areas. 

Recommendation: That section 24, section 25 (l)(e) 

and section 25 (3) be repealed. 

SECTION 25 

Observations and 

Recommendation: See section 24 where it is recom- 

mended that section 25 (l)(e) and section 25(3) be 
repealed. 



16 



THE MUNICIPAL ACT 



PART II 
MUNICIPAL COUNCILS - HOW COMPOSED 

SECTION 34 

Observations: The Coramittee is of the opinion 

that every Canadian Citizen 21 years of age and over 
who has resided in the municipality for at least one 
year next preceding the date of the election should be 
qualified to sit on council in addition to those persons 
qualified to sit on council by virtue of section 34, 

Recommendation : That this section be amended 

to extend the right to sit on council to those persons 
21 years of age or over who are Canadian Citizens and 
have resided in the municipality for at least one year 
next preceding the date of the election. 

SECTIONS 35, 36 and 198a 



Observations: The moral and ethical standards 

of a municipal council reflect the nnoral and ethical 
standards of a community. You can no more legislate 
private conscience than you can public morals. However, 
it is possible to guide and direct persons in public 
office so that they do not become entangled in the net 
of self-interest. This is especially important today 
because of the size and complexity of government which 
often obscures a possible conflict between public and 
private interest. 

It is essential to appreciate that 
a person serves in a public office for the good of the 
community and at no time must he permit personal gain 
to come into conflict with public trust. He must accept 
responsibility with honour, duty with respect. He should 
act at all times in good faith and in an impartial and 
even-handed way. Only under these circmn stances will 
the stigma be removed from political ambition. 



17 



THE MUNICIPAL ACT 



However, the public test of 
sterling standards must not be so stringent and 
exacting as to disqualify all but deities from holding 
public office. An earthly and realistic approach is 
necessary to attract persons of integrity, enterprise 
and ability. 

At present there are certain 
people who may be disqualified from sitting on 
council because of their position as a director, 
manager, treasurer, secretary-treasurer or agent. 
These persons, along with their fellow citizens 
should not be discouraged from seeking public office. 

Sections 35, 36 and 198a 
should be completely rewritten so as to emphasize 
disclosure, not disqualification. The restriction 
prohibiting a member of council from having a 
pecuniary interest in a contract or proposed contract 
with a coiincil should be lifted, provided disclosure 
is made of his interest and he abstains from any 
discussion relating thereto and the voting thereon. 

It should be made crystal clear 
that disclosure of interest by a councillor includes 
any private interest, financial or otherwise, direct 
or indirect, in any proposed legislation. Failure to 
disclose should result in forfeiture of office. 

Recommendation: That sections 35, 36 and 198a_ 

be completely rewritten and combined to ensure that 
a person is not disqualified from holding public office 
because a conflict of interest situation arises. 

That a full disclosure be made by 
a councillor when a conflict of interest arises and that 
such disclosure be recorded. 



18 



THE MUNICIPAL ACT 



That any raeraber of a council, 
commission or board as defined in The Department 
of Municipal Affairs Act, who knowlingly fails to 
disclose any personal interest, pecuniary or otherwise, 
in any proposed legislation, regulation or matter and 
who does not absent himself from the room during 
consideration or discussion thereof, or voting thereon, 
automatically vacates his office and is disqualified 
from holding any public office for a period of two years 
therefrom, 

PART III 
MUNICIPAL ELECTIONS 



SECTION 37 

Observations: This section sets out these 

persons who are qualified to be entered on the voters' 
lists to vote at municipal elections. In addition to 
those persons who are presently entitled to vote 
because they are property owners or tenants and 
otherwise qualify under this section should be added 
those Canadian Citizens who are of the full age of 21 
years and have resided in the municipality for one 
year next preceding the date of the election, 

Recommiendation: That the franchise be extended to 

those persons who are Canadian Citizens of the full 
age of 21 years and who have resided in the inunici- 
pality for one year next preceding the date of the 
election, 

SECTION 40 

Observations: This section provides that any 

person whose name appears on the defaulters' list is 
disqualified from voting. The defaulters' list is pre- 
pared under section 83 and lists those persons whose 
taxes are in default and unpaid. Section 379(1), para, 51 
enables municipalities to pass by-laws disqualifying an 
elector whose taxes are overdue from voting. These 
sections should be combined with section 40. 



19 



THE MUNICIPAL ACT 



Recommendation; That sections 40, 83(1) and 

379 (1), para» 51 be rewritten and brought under 
section 40, 

SECTIONS 43 and 44 

Observations: Section 43 provides for the 

nomination day to be the last Monday in December 
and the polling day to be the first Monday in 
January next thereafter. Section 44 gives sonme 
discretion to local councils to fix the nomination 
and polling days other than as provided for in 
section 43 (1). Section 184 sets out the first 
meeting of covincil of a local municipality. The 
Committee feels that sections 43 and 44 should be 
rewritten and combined and that section 184 
should be amended accordingly. 

Recommendation: That sections 43 and 44 be 

rewritten and combined to fix the nomination day 
and polling days for all municipalities, local boards 
and commissions as the last Monday in December 
and the first Monday in January next thereafter, 
respectively. It is recommended that subsection 3 
of section 44 which permits a township to hold its 
nomination meeting in a neighbouring municipality 
be preserved. 

That section 184 be amended 
accordingly, 

SECTION 56 

Observations: Subsection 2 of section 56 

provides that in cities having a population of not less 
than 100,000 persons the returning officers and 
deputy returning officers are appointed on the 
recommendation of the clerk. This subsection should 
be of general application to all municipalities. 



20 



THE MUNICIPAL ACT 



Recommendation: That subsection 2 of section 56 

should apply to all municipalities, 

SECTION 66 

Observations: Subsection 4 of section 66 

provides that where a deputy returning officer does 
not show in a city having a population of 100, 000 or 
over the poll clerk becomes the deputy returning 
officer and he appoints a new poll clerk. The 
Committee feels that this section should have 
general application to all municipalities. 

Recommendation: That subsection 4 of section 66 

be amended so that the provisions thereof shall apply 
to all municipalities, 

SECTIONS 71 and 72 

Observations: Sections 71 and 72 provide 

for various forms of ballot papers depending upon 
the class of the municipality and whether or not 
divided into wards. 

Re comm endation : That sections 71 and 72 be 

combined and simplified to provide for one form of 
ballot paper for the election of all offices in all 
classes of municipalities and that there be only two 
sets of ballot papers, one for municipalities divided 
into wards and one for municipalities not divided 
into wards, 

SECTIONS 75, 76 and 91 

Observations: These sections relate to 

polling places. Section 91 as amended (see pp.21 and 22) 

should be combined with section 60 which pertains 

to the using of public and separate schools as 

polling places. 



21 



THE MUNICIPAL ACT 



Recommendation: That section 91 as amended 

be conabined with section 60 and that sections 75 
and 76 follow section 61, 

SECTIONS 79 to 82 

Observations: Section 79 provides that the 

list of voters to be used is the last one certified 
under The Voters^ Lists Act. 

Sections 7 9 to 82 should be 
annended in View of the recommendations that 
Parts I and II of The Voters' Lists Act be incor- 
porated with The Municipal Act and the franchise 
extended to include all Canadian Citizens 21 years 
of age and over and resident in the municipality 
for one year next preceding the election. 

The resident voters' list will 
have to be prepared in addition to the voters' list 
prepared from the assessment roll. 

Recommendation: Sections 79 to 82 should be 

amended to make provision for the use of the last 
resident voters' list. 

SECTION 83 

Observations and 

Recommendation: That subsection 1 be rewritten 

and brought under section 40. 

SECTION 91 

Observations: The provisions of section 91 should 

be extended to enable the municipal council by by-law to 
declare any hospital, home for senior citizens, or 
other institution as a polling place, at which place the 
patients or occupants who are entitled to vote may vote. 



22 



THE MUNICIPAL ACT 



Recommendation: That this section be amended 

to enable a municipal council to declare by by-law 
any hospital, honne for senior citizens, or other 
institution as a polling place at which place the 
patients or occupants who are entitled to vote may 
vote. 

SECTION 97 

Observations: Several of the briefs submitted 

have mentioned the large number of ballots spoiled by 
the use of a mark other than a cross and recom- 
mendations were made that the marking of a ballot 
with other than a cross should not constitute a spoiled 
ballot. The Comnnittee is of the opinion that any 
type of mark placed in an allowed position should 
constitute a legal marking of the ballot. 

Recommendation: That any type of mark placed 

in an allowed position constitute a legal marking of 
the ballot, 

SECTION 103 

Observations: Representation was made that 

some persons permitted to remain in the polling place 
have subsequent to the closing of the polls, entered 
or re-entered the polling place. This is not a 
desirable practice, 

Reconnmendation: That this section be amended so 

that no person shall be permitted to enter or re-enter 
the polling place after the time of the closing of the 
polls, 

SECTION 105 

Observations: In municipal elections the cir- 

culation on polling day of any advertising pertinent to 
the elections is prohibited. Similar restrictions are 



23 



THE MUNICIPAL ACT 



not applicable to provincial elections. The 
Committee feels that identical regulations should 
govern municipal and provincial elections. 

Recommendation: That section 105 be deleted, 

SECTION 114 

Observations: This section deals with ballot 

boxes and subsection 2 of section 114 deals with 
the return of ballot boxes in cities and towns. This 
subsection 2 should be of general application to all 
muni c ipa liti e s . 

Reconamendation: That subsection 2 of section 114 

apply to all municipalities, 

SECTION 116 

Observations: This section restricts the 

delivery of the ballot box in a city or town to the 
office of the clerk. This legislation should be of 
general application to all municipalities. 

Recommendation: That section 116 apply to all 

municipalities, 

SECTION 120 

Observations: This section contains a reference 

to The Public Health Act for legislation applicable to the 
postponement of an election on account of an epidemic or 
contagious disease. The Committee considers that 
this legislation should be included in The Municipal Act 
as an addition to section 120, 

Recommendation: That section 123 of The Public 

Health Act be added to section 120 of The Municipal Act. 



24 



THE MUNICIPAL ACT 



SECTIONS 121 and 122 

Observations; Sections 121 and 122 relating 

to "Recount", sections 151 to 177 inclusive per- 
taining to "Procedures to Declare Seat Vacant" and 
section 273 pertaining to "Scrutiny" are similar in 
some respects. 

Recommendation; That sections 121 and 122 

dealing with "Recounts", sections 151 to 177 
inclusive dealing with "Proceedings to Declare 
Seat Vacant" and section 273 dealing with "Scrutiny" 
be all placed in one Part and that the procedure be 
made as similar as possible in regard to such 
matters as time of application and recognizance. 

That the procedure in these 
matters be the same for municipalities and local 
boards as defined in The Department of Mxinicipal 
Affairs Act, 

SECTION 139 

Observations; This section provides that no 

person shall inspect any ballot paper in the custody 
of the clerk except under the order of a judge or 
officer. It was suggested that this restriction should 
apply to any book, paper or document used in the 
election. 

Recommendation; That the inspection of any 

document related to an election shall require the 
order of a judge or officer as is now applicable to 
ballot papers, 

SECTIONS 144 to 150 Inclusive 



Ob s e r vation s ; Sections 144 to 150 dealing with 

vacancies in co\incil are in Part III of the Act headed 
"Municipal Elections", The Connmittee is of the 
opinion that these sections should be in Part II headed 
"Municipal Councils - How Composed", 



25 



THE MUNICIPAL ACT 



Recomraendation: That sections 144 to 150 inclusive 

be in Part II "Mxonicipal Councils - How Composed", as 
amended, 

SECTIONS 148, 149 and 150 

Ob 8 e r vation s : Section 148 presently provides 

that a new election must be held forthwith where a 
vacancy occurs in council except for the office of 
controller. This section is subject to sections 149 and 
150, Section 149 provides that no election is held where 
an aldernnan or councillor is elected by general vote. 
In this circximstance the person obtaining the next highest 
number of votes takes office and in case of a tie the 
person having the highest assessnnent takes office. 
Section 150 provides that where an alderman or councillor 
is not elected by general vote then the council elects 
someone to fill the vacancy. The Committee is of the 
opinion that a uniform and simplified procedure should 
be implemented for the filling of any vacancy on council 
in any class of municipality. 

Recommendation: When a vaccuicy occurs in the office 

of a mennber of council, the council may appoint a 
person qualified under this Act to be a member of council 
to fill the office for the remainder of the term or may 
hold a new election to fill the vacancy, 

PART rv 

PROCEEDINGS TO DECLARE SEAT VACANT 
SECTIONS 151 to 177 Inclusive 



Observations and 

Recommendation: These sections have been dealt with 

under sections 121 and 122, (see p. 24) 

SECTION 166 

Observations: This section provides for a new 

election and for the filling of vacancies in circumstances 



26 



THE MUNICIPAL ACT 



where the election of all members of council is judged 
to be invalid or where it is determined that all of them 
have beconne disqualified or have forfeited their seats. 
This section does not specifically cover a situation 
where all members of a council have been killed in a 
disaster. 

Recommendation: That section 166 be amended to 

include a situation where all members of council may- 
have been killed in a disaster. 

PART V 
BRIBERY AND CORRUPT PRACTICES 

SECTION 17 9 

Observations: This section regulates the 

transportation of voters to the poll, A similar pro- 
vision is not to be found in The ElectioA Act of the 
Province. The Comnnittee feels that this section is 
outmoded. 

Recommendation: That section 179 be deleted, 

PART VI 
MEETINGS OF MUNICIPAL COUNCILS 

SECTION 184 

Observations: In view of the Committee's recom- 

mendation that nomination day be the last Monday in 
December and that the polling day be the first Monday in 
January for all municipalities, local boards and com- 
missions, section 184 should be ara ended to pernait that 
the first meeting of a local council be held on the second 
Monday in January and the first meeting of a county 
council be held on the third Tuesday in January and not 
otherwise, 

Recomimendation: That section 184 be amended to make 

it nnandatory that the first meeting of a local council be 



27 



THE MUNICIPAL ACT 



held on the second Monday in January and that the 
first meeting of a county council be held on the 
third Tuesday in January, 

SECTIONS 187, 188 and 189 

Observations: Section 187 provides that the 

first meeting of a county council shall be held in 
the county hall, or if there is none, at the court 
house. Section 188 provides for the holding of 
subsequent meetings at such place as the council 
may appoint. Section 189 pernnits the meetings to 
be held in an urban nnunicipality located within the 
coiinty boiindaries. Township councils are per- 
mitted to meet in an adjacent urban municipality 
or township located in the same county. These 
sections should be combined and revised to give 
directions regarding the holding of council meetings 
in all classes of municipalities. 

Recommendation: That sections 187, 188 and 189 

be connbined and amended to provide that the councils 
of municipalities nnay hold meetings in the following 
locations, (a) county council - anywhere within the 
county, (b) cities, towns and villages - within the 
confines of the municipal boundaries, and (c) townships - 
within the confines of the township boundaries or within 
an adjacent urban municipality. 

SECTION 190 

Observations: The general principle that meetings 

of mvinicipal councils and local boards shall be open to 
the public is restricted by the exception of certain de- 
fined bodies. The Cominittee is of the opinion that 
all meetings of municipal councils and local boards 
should be open to the public except when a resolution in 
writing is passed declaring that the meeting shall not be 
open to the public. Section 199 dealing with the adjourn- 
ment of council meetings should be transferred to this 
section. 



28 



THE MUNICIPAL ACT 



RecoiTimendation: That section 190 be amended to 

make provision that the meetings of every council and 
of its committees and of every local board as defined 
by The Department of Municipal Affairs Act, shall be 
open to the public except when a resolution in writing 
is passed declaring that the meeting shall not be open 
to the public. 

That section 199 be transferred 
to section 190. 

SECTION 193 

Observations: This section deals with the place 

of special meetings. Should the recommendations made 
with regard to sections 187, 188, 189 and 190 be 
adopted this legislation is no longer required. 

Recommendation; That section 193 be deleted. 

SECTIONS 196 and 197 

Observations: The Committee is of the opinion 

that when a member of council is disqualified to vote 
by reason of interest or otherwise he should absent 
himself from the council chamber during the discussion 
of the matter and the voting thereon and that every 
member of council who is present and not disqualified 
to vote shall not be permitted to abstain from voting. 

Recommendation: That sections 196 and 197 be 

consolidated and revised to additionally provide that 
any member of the council who is disqualified to vote 
by reason of an interest or otherwise shall absent 
himself from the council chamber during the discussion 
and the voting thereon. Every other member shall vote 
on the matter, 

SECTION 198 

Observations: This section prohibits a member 



29 



THE MUNICIPAL ACT 

of council from voting on any by-law appointing him to 
any office. The words "in the gift of the council" are 
redundant and should be deleted. 

Recommendation: That section 198 be amended 

by deleting the words "in the gift of the council", 

SECTION 198a 



Observations and 

Recommendation: This section has been dealt with 

xander sections 35, 36 and 198a^. (See pp. 16 to 18) 

SECTION 199 

Observations: It has been recommended that 

this section which deals with the adjournment of council 
meetings be transferred to section 190 which deals with 
open meetings. 

Recommendation; That section 199 be transferred to 

section 190, 

PART VII 
BOARDS OF CONTROL 



SECTIONS 201 to 207 Inclusive 

Observations: It has been suggested that the 

functions of a board of control might be performed 
adequately by a committee of council. However, should 
it be desired to continue the present form of administration 
it does not appear logical that a board of control be manda- 
tory in a city having a population of 100,000 or over with 
provisions for the passing of a by-law dispensing with a 
board of control by a two-thirds vote of all the mennbers 
of the coiuacil, while other local municipalities of similar 
population and cities having a population of 45,000 to 
100,000 require a vote of two-thirds of all the members 
of the council to pass a by-law establishing a board of control. 



30 



THE MUNICIPAL ACT 



The establishment of a board of control should be left 
to the discretion of the council of the local municipality 
and the restriction to municipalities of not less than 
45, 000 population should be removed. The Committee 
is also of the opinion that the powers and duties of a 
board of control should be set out in the by-law passed 
by council. Permission should be given to municipal 
councils to permit the boards of control to exercise any 
of the powers and duties of council. 

Recommendation: That local municipalities be 

empowered to establish boards of control by by-law 
passed by a nnajority of the naunicipal council and the 
powers and duties of the board of control be set out in 
the said by-law. Sections 202 to 207 inclusive be 
amended accordingly, 

PART VIII 
OFFICERS OF MUNICIPAL CORPORATIONS 

Observations: In recent years in some of the 

larger municipalities there has developed a need for a 
new type of administrative official. The duties of this 
person are designated by the council and usually include 
administration of office procedure, coordination of 
departments, and, to the extent desired, liaison 
between the departments and council. Several munici- 
palities have appointed such an official but the legis- 
lation does not specifically make provision for this 
appointnaent. 

Recommendation: That legislation be enacted to 

enable a council to employ a manager or general 
administrative head to be known as the municipal 
administrator or manager whose powers and duties 
shall be set out by by-law, 

SECTION 222 

Observations: The treasurer is required to prepare 

and submit to council half-yearly a statement of the 
money at the credit of the corporation, A statement which 



31 



THE MUNICIPAL ACT 



may conform to the requirements will not necessarily 
provide council with the information required as a 
basis for making soiond financial decisions. 

Recommendation: That section 222 be amended 

to require that every treasurer shall prepare and 
subnnit to the council, half-yearly, a full financial 
statement, 

SECTIONS 225 to 227 Inclusive 



Observations: These sections relate to 

assessnnent matters and should be transferred to 
the Part of the Act dealing with assessment. Section 
227 is similar to section 93b of The Assessment Act 
and should be repealed, (see p. 74 ) 

Recomnnendation: That sections 225 and 226 be 

transferred to the Part of The Miinicipal Act per- 
taining to assessment and section 227 be repealed, 

SECTION 226 

Observations: Subsection 6 of section 226 

states that in a municipality which has an assessment 
commissioner, all assessment notices which otherwise 
should be sent to the clerk shall be sent to the 
assessment commissioner. The Connn^ittee considers 
that this change in the person to be notified may be 
confusing to the person wishing to file a notice and 
may be responsible for the notice not being filed within 
the tin^e limit and thus prejudicially affect the case of 
the person nnaking the notification. The clerk is the 
municipal officer who traditionally receives all notices 
and transmits these to the officers and departments 
concerned and the Committee can see no reason for 
varying the procedure. 

Recommendation: That subsection 6 of section 226 

be amended to require that all notices in matters relating 
to assessment be sent to the clerk and not to the assess- 
ment commissioner. 



32 



THE MUNICIPAL ACT 



SECTION 234 

Observations: The Committee is of the opinion 

that municipal officials whose duties entail the handling 
of municipal funds should be required to furnish the 
council with security for the faithful performance of 
their duties. Subsection 7 makes this section applicable 
to the treasurer and every other officer of a local board 
as defined in The Department of Municipal Affairs Act 
with the exception of a school board. The Committee 
can see no reason for the exemption of the officials of 
the school board. The Committee is also of the opinion 
that every municipal official should annually give 
security for the faithful performance of his duties. 

Recommendation: That section 234 be amended so 

as to include the officials of a school board. That every 
officer of a municipal corporation be required to annually 
give security for the faithful performance of his duties. 

SECTION 236 

Observations: Should the legislation be amended 

to permit the appointment of a mxinicipal administrator or 
manager he should be required, along with the municipal 
officials named in subsection 1, before entering on the 
duties of his office to make and subscribe a declaration of 
office. The Comraittee is also of the opinion that the 
members and officials of local boards as defined in The 
Department of Municipal Affairs Act should be required 
before entering on the duties of the office to nnake and 
subscribe a declaration of office similar to Form 20. 

Recommendation: That section 236 be amended to 

include naunicipal administrator or manager and that 
every merr'-»er and official of any local board as defined 
in The Department of Municipal Affairs Act make a 
declaration similar to Form 20 before entering on the 
duties of his office. 



33 



THE MUNICIPAL ACT 



SECTION 241 

Observations: Section 241 deals with judicial 

inquiries in relation to municipal matters and section 
320 relates to judicial inquiries into financial matters. 
There is no reason why a uniform procedure could 
not be adopted in regard to inquiries into all municipal 
matters. 

Recommendation; That sections 241 and 320 be 

rewritten and combined to provide for a uniform 
procedure for the initiation of an inquiry, the con- 
duct of same and the payment of costs connected 
therewith. The inquiry should be initiated by the 
Minister of Municipal Affairs either in his own right or 
by request of the m\inicipal council or by 5 per cent 
of the voters entitled to vote at elections according 
to the last revised voters' list and/or resident voters' 
list. 

PART IX 
GENERAL PROVISIONS APPLICABLE 
TO ALL MUNICIPALITIES 

SECTION 242 

Observations: Section 9 states that the powers 

of a municipal corporation are exercised by its council, 
section 274 deals with the passing of by-laws by council 
and section 242 states that the powers of every council 
shall be exercised by by-law. It is suggested that 
sections 9 and 274 be combined with section 242. 

Recommendation: That section 9 which states that 

the powers of a municipal corporation are exercised 
by its council and section 274 which deals with the 
passing of by-laws by council should be rewritten and 
combined with section 242. 



34 



THE MUNICIPAL ACT 



SECTION 246 

Observations: The fiscal year of the Province of 

Ontario is from April 1st to March 31st and the budget 
for the ensuing year is presented to the Legislature at 
the Spring Session, Information regarding the grants 
which the Province will make to the municipalities is 
not available until the Provincial Budget is approved. 
Since the municipality operates on the calendar year 
basis it is impossible for the council to fix the tax rate 
early in the financial year. The inevitable delay in 
presentation of the tax bills results in a small amount 
of revenue being received during the early months of the 
year. In order to obtain sufficient operating funds a 
municipality is frequently forced to borrow and the 
interest on this loan increases the cost of operation. 
It has been suggested that adoption of the Provincial 
fiscal year by all the inunicipalities and their local boards 
would decrease the cost of operations and result in a 
decrease in the tax rate. 

Recommendation: That consideration might be given 

to changing the fiscal year of municipalities and local 
boards as defined by The Department of Municipal Affairs 
Act so that they coincide with the fiscal year of the 
Province of Ontario. (April 1st to March 31st) . 

That the Province give consideration 
to the payment of grants to municipalities with the aim of 
minimizing the municipal temporary borrowing. 

SECTION 247 

Observations: Subsection 1 of section 247 states 

that a municipality has the power to license and the power 
to prohibit the carrying on of or the engaging in any trade, 
calling, business or occupation without a licence. It was 
noted that sections dealing with the passing of by-laws to 
license, regulate and govern also include the revoking of a 
licence. It was suggested that subsection 1 be amended to 
contain a full statement of the power of a municipality 



35 



THE MUNICIPAL ACT 



regarding licensing. Section 247 (9) provides that a 
decision of a board of commissioners of police in 
refusing or revoking a licence is subject to an appeal 
therefrom to a Judge of the Supreme Court whose 
decision is final. No similar provision applies in 
the case of an appeal from a decision of a council 
or a licensing commission. The Committee is of the 
opinion that appeals should be permitted in every 
instance. The present legislation should accordingly 
be amended to provide for the right of appeal not only 
to a Supreme Court Judge but also the Appellate Division 
of the Supreme Court of Ontario. 

Recommendation: That subsection 1 of section 247 

be amended to include the power to revoke a licence. 

That subsection 9 of section 
247 be amended to provide for an appeal to the Supreme 
Court of Ontario from the decision of a council, 
licensing commission or police commission, 

SECTION 249 

Observations: Tliis section permits cities to 

grant to any person the exclusive right to place and 
maintain iron waste paper boxes on the streets. This 
section should be of general application to all inunici- 
palities. 

Recommendation: That section 249 be amended to 

apply to all municipalities and that the word "iron" be 
struck out. 

SECTION 250 

Observations: This section permits a city to 

establish and carry on the business of cold storage in 
connection with or upon the ma rket property of the 
corporation. This section should be of general application 
to all municipalities. 



36 



THE MUNICIPAL ACT 



Recommendation: That section 250 be amended to 

apply to all municipalities, 

SECTION 251 

Observations: This section deals with the 

borrowing powers of the council and should be shown 
prior to section 302 in Part XIV of the Act. 

Recommendation: That section 251 be placed prior 

to section 302 in Part XIV of the Act, 

SECTION 252 

Ob s e rvation s : Section 252 does not state any 

procedure by which a municipality is authorized to 
make the necessary financial arrangennents for the 
carrying out of the joint project. When a joint municipal 
project is undertaken the debt created is divided among 
the participating municipalities. Legislation covering 
the division of the annual debt charges, both principal 
and interest, and providing for the raising of the amount 
required in each year is contained in subsection 13 of 
section 282, The Committee suggests that this should 
be relocated in section 252 which deals with debentures 
for joint vinder takings. 

Recommendation: That section 282 subsection 13 

become section 252, subsection 2a, 

SECTION 253 

Qb s e rvation s : Section 253 deals with the 

authentication of by-laws. This section should follow 
either section 243 or section 244, 

Recomraendation: That section 253 which deals with 

the authentication of by-laws should follow either section 
243 or section 244, 



37 



THE MUNICIPAL ACT 



SECTION 254 

Observations: The Committee is of the opinion 

that the clerk of the miinicipality should be the only- 
person certifying the sufficiency of petitions. 

Recommendation; That section 254 be amended by 

deleting subsection 2 and the reference to the assess- 
ment commissioner, 

PART X 
VOTING ON BY-LAWS 



SECTION 255 

Ob s e rvation s : Section 255 is an interpretation 

section and where possible should be transferred to 
the General Interpretation Section of the Act. 

Recommendation: That section 255 be transferred 

to the General Interpretation Section of the Act where 
possible, 

SECTION 256 

Observations: Section 256 deals with corrupt 

practices and is similar to the provisions pertaining 
to voting at municipal elections. It is felt that if all 
the provisions of The Municipal Act applicable to the 
election of naunicipal coimcils were naade to apply 
mutatis mutandis to the voting on by-laws and if the 
provisions which do not apply were retained and trans- 
ferred iinder the relevant heading "Elections" this 
whole part dealing with voting on by-laws could be 
deleted, (Sections 256 to 272), 

Recommendation; That sections 256 to 272 inclusive 

which deal with voting on by-laws be transferred to 
Part III entitled "Municipal Elections", 

That all the provisions of Part X 
applicable to elections of municipal co\ancils be made to 



38 



THE MUNICIPAL ACT 



apply mutatis mutandis to voting on by-laws and that 
the provisions which do not apply be retained and 
transferred under the relevant heading "Municipal 
Elections", 

That sections 256 to 272 be 
deleted. 

SECTION 260 

Observations: This section provides that only 

certain persons may vote on money by-laws and it has 
been recommended that all persons over 21 years of age 
with certain qualifications be entitled to vote thereon, 

Recomnaendation : That this section be amended to 

allow all persons qualified to vote at municipal 
elections to vote on money by-laws, 

SECTIONS 261 and 262 

Observations: These sections make provision 

for the preparation of a list of municipal electors who 
are entitled to vote on money by-laws and since it is 
recomnnended that all persons entitled to vote at an 
election are entitled to vote on money by-laws, (section 260) 
this section should be deleted. 

Recommendation : That since all persons entitled to 

vote at an election are entitled to vote on money by-laws 
it is recommended that sections 261 and 262 be repealed, 

SECTION 264 

Observations: In a municipality divided into wards 

a voter is entitled to vote on a money by-law in each ward 
in which he has the required qualification but on any other 
by-law or on any question he is permitted only one vote. 
Thus the number of votes a property owner will have on a 
money by-law is determined by the number and location 



39 



THE MUNICIPAL ACT 



of the properties. When this legislation was enacted 
the number of properties owned may have been 
indicative of the stake of the taxpayer in the munici- 
pality, however, the Committee does not believe that 
this is now a valid criterion for determining the 
number of votes to which a property owner is entitled. 

Recommendation: That section 264 be amended 

to provide that in municipalities divided into wards 
the voter is entitled to vote only once on any by-law 
including a money by-law. 

SECTION 26 5 

Observations: This section provides that the 

clerk, if otherwise qualified, is entitled to vote but 
not to give a casting vote. Section 41 provides that 
the clerk of the miinicipality is not entitled to vote 
except to give a casting vote as provided in section 119 
where the result of the recount indicates that the 
vote is still tied. 

Recommendation: That section 265 be deleted. 

SECTION 266 

Observations: This section deals with the form 

of ballot papers and the ballot paper used in connection 
with the voting on by-laws and questions. The Committee 
feels that this section should be part of section 72, 

Recommendation: That this section should be rewritten 

and combined with section 72 which deals with the 
"Form of Ballot Papers". 

SECTION 268 

Observations: Subsection 2 of this section pertains 

to the form of oath to be taken by a voter on a money by- 
law. Since all voters are entitled to vote on all by-laws 
only one form of oath is necessary. 

Recommendation: That subsection 2 of section 268 be 

deleted. 



40 



THE MUNICIPAL ACT 

SECTION 273 

Observations and 

Recommendation: This section has been dealt with 

under sections 121 and 122, (See page 24) 

SECTION 274 

Observations and 

Recommendation: This section has been dealt with 

under section 242, (See page 33) 

SECTION 27 5 

Observations: Section 275 deals with the 

promulgation of by-laws and should be placed in 
Part IX of the Act, 

Recommendation: That section 275 which deals with 

promulgation of by-laws should be placed in Part IX - 
General Provisions Applicable to all Municipalities, 
This section should follow section 243 or section 244, 

PART XI 
QUASHING BY-LAWS 

SECTION 2 80 

Observations: This section provides that an 

application to quash a by-law must be made within one 
year with the exception of a by-law that requires the 
assent of the electors which did not receive such assent. 

Recommendation: That this section be amended to 

provide that all by-laws other than nnoney by-laws may 
be quashed at any time, 

PART XII 

MONEY BY-LAWS 



SECTION 281 



Observations: Interpretation of the words 



41 



THE MUNICIPAL ACT 



"rateable property" is contained in this section. 
The Committee feels that these words could be 
defined in the Interpretation Section of the Act, 

Re coram endation : That the interpretation of 

"rateable property" be placed in the Interpretation 
Section, 

That section 281 be deleted, 

SECTION 282 (13) 

Observations and 

Recommendation: This section has been dealt 

with under section 252, (See page 36) 

SECTION 284 

Observations; Subsection 2 of section 284 

provides that the amount to be placed in a fund for 
the liquidation of the principal of the debentures 
shall be calculated on an estimated interest rate not 
exceeding 3 per cent per ann\am. The rate stated 
is a very conservative figure compared to present 
market standards and the Committee feels that it 
might be raised to a more current figui'e, 

Reconn.m endation: That the interest rate be 

changed from 3 per cent to 5 per cent per annum, 

SECTION 286 

Observations: Section 286 provides that a 

mixnicipal corporation with the assent of the electors 
may incur any debt, the payment of which is not 
provided for in the estimates of the current year. 
This section should be read in conjunction with the 
provisions of The Ontario Municipal Board Act, The 
Committee is of the opinion that in practice the 
assent of the electors is seldom sought as generally 
the approval of the Ontario Mvmicipal Board is 
substituted therefor. 



42 



THE MUNICIPAL ACT 



The reference to a two-third 
vote of council in subsection 3, clause (h) should be 
deleted as the Committee feels that the affairs of the 
council should be governed by a majority vote of the 
members thereof. 

Recommendation: That the approval of the 

Ontario Municipal Board be substituted for the 
assent of the electors in all cases involving the 
incurring of a debt, the payment of which is not 
provided for in the estimates of the current year. 

That the reference to the two- 
thirds vote be deleted and that the affairs of the 
council be determined by a nnajority vote of the 
members thereof, 

SECTION 287 

Observations: Section 287 provides that a 

municipal corporation may enter into a contract for 
the supply of a public utility service with the assent 
of the electors. 

Recommendation: That a municipal corporation 

be permitted to enter into a contract for the supply of 
a public utility service with the approval of the 
Ontario Municipal Board, reserving the right to the 
Ontario Municipal Board to direct a vote of the people, 

SECTION 292 

Observations: This section provides for every 

municipal officer to be penalized for the refusal or 
neglect to carry out his duties. 

Recommendation: That a general penalty clause be 

enacted so as to apply to all illegal acts of omission or 
commission. 



43 



THE MUNICIPAL ACT 



SECTION 293 

Observations: This section provides for the 

registration and quashing of money by-laws. The 
Committee has recommended (see section 280, page 40) 
that an application to quash a by-law, other than a 
money by-law, may be made at any time. Section 293 
should also be amended in conjunction with section 280 
to provide that a money by-law may similarly be 
quashed at any time, subject to the provisions of The 
Ontario Municipal Board Act (Section 61), The 
Committee is of the opinion that the reference to 
registration of a money by-law is of little consequence 
as it is only permissive. 

Recommendation: That section 293 be revised in 

conjunction with section 280 to provide that money 
by-laws may be quashed at any tirae subject to 
section 61 of The Ontario Municipal Board Act, 

That the reference to registration 
of money by-laws be deleted, 

PART XIII 
YEARLY RATES AND ESTIMATES 



SECTION 294a 

Observations: Prior to the adoption of the 

estimates for the current year the council of a local 
municipality may levy a sum not exceeding fifty per 
cent of the amount produced by the application of the 
previous year's general purpose public school 
residential rate to the assessment for real property, 
according to the last revised assessment roll. The 
Committee can see no reason for the exclusion of 
business assessment or the limitation of the rate to 
that applied to residential property. 

Recommendation: That section 294a^ be amended 

to apply to business assessment as well as real 
property assessnnent and that the rate applicable be 
either commercial or residential according to the 
use of the property. 



44 



THE MUNICIPAL ACT 



SECTION 297 

Observations: At present the council of a 

naunicipality must include in the tax levy the funds 
required for school purposes and for various boards 
and commissions. In sonne instances the council 
has no jurisdiction over the budget submitted and 
acts only as a collection agency. The municipal 
council is responsible for the provision of certain 
services, and addition of the budgets over which it 
has no control may produce an iinreasonably high 
tax levy. The Cominittee believes that the municipal 
council should be given the right to establish the 
priority of need for all the services to be provided, 
A council naay by by-law establish the date when 
the estimates shall be submitted by all boards and 
commissions for which the municipality is required 
to levy. Should the estimates not be received within 
the time prescribed delay will occur in the setting 
of the tax rate and the presentation of the tax bills. 
The Committee believes that non-receipt of the 
estimates of a board or commission within the time 
specified in the by-law should not be permitted to 
delay the council in establishing the tax rate. 

Recommendation: That section 297 be anni ended to 

provide that a local council nn.ay amend rates or other- 
wise alter, with the approval of the appropriate 
minister, the estinnates of any board, comnnission or 
other body for which the council is by law required to 
levy and rate. 

That where a board or commission 
or other body fails to file its estimates within the tinne 
stipulated in the council's by-law, the council may levy 
a rate not exceeding the rate which was included in the 
tax levy of the preceding year for the board, commission 
or body concerned. 



45 



THE MUNICIPAL ACT 



SECTION 298 

Observations: This section deals with 

reserve funds and provides for a two-thirds vote. 
It has been recommended that where a two- 
thirds vote appears it shall be replaced by a 
majority vote of all the members of the covincil, 

Recomraendation: That section 298 be amended 

to delete the necessity for a two-thirds vote of 
the members of a council, board, commission or 
local authority and that only a majority vote of all the 
members be required. 



SECTION 299 



Observations: This section provides that a 

municipal corporation with the approval of the 
Department of Municipal Affairs may spend 
contributions made by subdividers if they are not 
needed for the purpose for which they were 
collected. 

Recommendation: That the approval of the 

Department of Municipal Affairs be not necessary 
for the expenditure of contributions made by 
subdividers not required for the purposes for which 
they were collected. 



46 



THE MUNICIPAL ACT 



SECTION 301 

Observations; This section contemplates the 

fiscal year of the municipality commencing on the 
first day of January. In the event that the fiscal year 
does not comnaence on the first day of January as has 
been suggested, this section should be amended 
accordingly, (See section 246 - page 34) 

Recommendation: That this section be amended 

to read that the rates imposed for any year shall be 
deemed to have been imposed and be due on and from 
the first day of the fiscal year lonless otherwise 
expressly provided in the by-law by which they are 
imposed, 

PART XIV 
RESPECTING FINANCES 



SECTION 302 

Ob s e r vation s : Moneys not iramediately 

required by the municipality raay be invested in 
securities named or in fixed-term deposits with any 
chartered bank. It was submitted that Canadian 
Trust Companies now provide adequate security to 
permit them to be a depository for public funds and 
that the higher rate of interest paid would be an 
acceptable addition to m^lnicipal funds. 

Recommendation: That this section be amended 

to permit municipalities to invest monies not 
required immediately in fixed-term deposits with 
any Canadian Trust Company. 

SECTION 303 

Observations: The present legislation 

respecting the keeping of separate accoionts and 
special accounts should be clarified to make it plain 



47 



THE MUNICIPAL ACT 



that not only separate accounting but also separate 
bank accounts are required, 

Recomraendation: That this section and all 

relevant sections in The Municipal Act be amended 
to make it clear that separate bank accounts are 
required, 

SECTION 304 

Observations: Section 304 permits cities to 

consolidate the interest upon every debt and also to 
consolidate its sinking funds of every debt. The 
Committee feels this should be applicable to all 
municipalities, 

Recomnnendation: That all municipalities be 

permitted to consolidate their interest accounts upon 
all debts and to consolidate their sinking funds, 

SECTION 32 

Observations: Section 320 pertains to the 

issuance of a commission of inquiry into financial 
affairs of any municipality or local board. 

Recommendation: That there be a uniform procedure 

for the initiation of an inquiry as recommended under 
section 241, (See page 33) 

SECTION 323 

Observations: No provision is made for the 

treasurer to delegate authority for the carrying out of 
routine procedures in the transferring of ownership of 
debentures issued by the municipality. The Committee 
believes that the treasurer should be permitted to 
delegate his authority for the making of the necessary 
record. 



48 



THE MUNICIPAL ACT 



Recommendation: That section 323 be amended 

to enable an official authorized by the treasurer to 
perform the duties of the treasurer under this 
section. 

SECTION 329 

Observations: Section 329 pertains to 

temporary borrowing by municipalities. The limit 
set upon the amount that may be borrowed under 
subsection 1 is stated in almost identical terms in 
subsections 2 and 3. The earlier subsection appears 
to apply before any revenue on account of the current 
year has been received and the later subsection applies 
at any other time. Subsection 3 appears to adequately 
cover the situation. 

Recommendation: That subsection 2 be deleted. 

Observations: Subsection 4 of this section 

states that at any time after June 30th the treasurer 
is required to furnish to the lender certain infor- 
mation but is not required to state the amount of 
revenue received in the current year. The Committee 
believes that a lender should be entitled to a full 
statement of the facts whenever a loan is inade under 
this section. 

Recommendation: That section 329 (4) be anaended 

by deleting the reference to June 30th and making it 
necessary for the municipality to submit a full 
statement to the lender, including the revenue received 
in the current year. 

Observations: Deletion of subsection 2 necessitates 

the deletion of the reference to this subsection in 
subsection 5 and an amendment should be made to 
provide for disclosure of information regarding the 
amount of revenue of the current year already 
collected. 



49 



THE MUNICIPAL ACT 



Re coram endation: That subsection 5 of section 

329 be amended to provide that until such estimates 
are adopted, the limitations upon borrowing 
prescribed by subsection 3 shall temporarily be 
calculated upon the estimated revenues of the 
corporation as set forth in the estimate adopted for 
the next preceding year less the amount of revenue 
of the current year already collected, 

PART XV 
ACQUISITION OF LAND AND COMPENSATION 

SECTIONS 338 and 339 

Observations; These sections give a local 

municipality the right to pass a by-law that freezes 
land for the future establishment, extension or 
widening of a highway. Factors to be considered 
in the way of compensation are expressed and 
limitations are imposed in this regard but the 
Ontario Municipal Board has authority to grant 
special relief in certain cases. These sections 
are not as important today because of the development 
of community planning. The adoption of an official 
plan often establishes the long-term road requirements 
of a municipality. The imposition of zoning by-laws 
implement the official plan and regulate the setback 
of buildings and structures from the roads. The 
Committee is of the opinion that these sections are 
no longer required. 

Recommendation; That sections 338 and 339 

be repealed, 

SECTIONS 340 to 346 Inclusive 



Observations; These sections in general 

pertain to corapensation for expropriation, injurious 
affection and payment of money into court by the 
expropriating authority. In the event that a 



50 



THE MUNICIPAL ACT 



uniform Expropriation Act is passed, as recom- 
mended by the Select Committee on Land 
Expropriation, these sections would not be 
necessary as no doubt the subject matter would be 
embodied in that Act. 

Recommendation: That these sections be 

repealed if a new Expropriations Act is passed in 
accordance with the recommendations made by the 
Select Committee on Land Expropriation, 

PART XVI 
ARBITRATIONS 

SECTIONS 347 to 349 Inclusive 



Observations: These sections pertain to 

arbitrations. The observations of the Select 
Committee on Land Expropriation in connection with 
the tribunal that determines the compensation are 
sound and the Conamittee concurs in the establishment 
of a special tribunal as therein recommended. If the 
recommendations of the Select Committee on Land 
Expropriation in this regard are adopted and the 
necessary legislation enacted there would be no need 
for these sections. 

Recommendation: That sections 347 to 349 be 

repealed if the recommendations of the Select 
Committee on Land Expropriation in this regard are 
adopted and the necessary legislation enacted, 

PART XVIII 
RESPECTING THE ADMINISTRATION OF JUSTICE 

SECTIONS 352 to 375 Inclusive 



Observations: Sections 352 and 353 provide that 

every city and town must establish and maintain a 
police office and accommodation for the officers con- 



51 



THE MUNICIPAL ACT 



nected with it. Sections 354 to 357 inclusive, 
pertain to the establishment of court houses and 
jails. Sections 358 to 362 inclusive, relate to 
the care of court houses and jails and sections 
363 to 375 inclusive, deal with the costs and 
expenses of court houses and jails. Munici- 
palities are the agents of the Province in matters 
respecting the administration of justice, 

Reconannendation: That consideration be 

given to implementing the recommendations of 
the Select Comnnittee appointed by the Legislative 
Assembly of the Province of Ontario to study and 
report upon problems of delinquent individuals and 
custodial questions, and the place of reform 
institutions therein in connection with jails and 
that the Province assiime the total cost of the 
administration of justice, 

PART XIX 
POWERS TO PASS BY-LAWS 



SECTIONS 377 to 411 Inclusive 

Observations: These sections enable munici- 

palities to pass by-laws for numerous specified 
purposes without being set out in any logical order 
by subject matter or otherwise. Included in these 
sections, among other things, is the power to 
license, prohibit and regulate. 

Certain sections pertain only 
to a particular class of municipality, others to a 
municipality in unorganized territory and still others 
to a municipality having a specified population, Sonne 
sections include a board of commissioners of police 
in cities generally, or according to population. 

The class or size of a munici- 
pality no longer appears to be a valid criterion for 
determining a municipality's powers. 



52 



THE MUNICIPAL ACT 



Certain sections of The 
Municipal Act deal with building restrictions and 
building by-laws. Section 31 of The Planning Act 
presently provides for the passing of building 
by-laws. The Committee is of the opinion that 
all legislation governing building by-laws should 
be in The Municipal Act and that provision should 
be made for an expiration date of a building 
permit, (See The Planning Act- sec. 31 , p. 91 ) 

Representation was made 
requesting legislation to enable a municipality to 
enter into an agreement with any other munici- 
pality or person for ambulance service, 

Recoraraendation: That all na-unicipalities be 

given similar powers under these sections and 
that the powers be segregated by subject matter. 

That the provisions of 
section 31 of The Planning Act pertaining to building 
by-laws be incorporated into The Municipal Act and 
that there be provision for an expiration date of a 
building permit and any renewal thereof. 

That legislation be enacted to 
enable a municipality to enter into an agreement 
with any other municipality or person for arabulance 
service upon such terms and conditions and for such 
consideration based on cost as may be agreed upon, 
provided that notwithstanding the provisions of any 
such agreement no liability accrues to the munici- 
pality or person for failing to supply the use of 
ambulance service, 

SECTION 37 9 

Observations and 

Recommendation: This section has been dealt with 

under section 40, (See pages 18 and 19) 



53 



THE MUNICIPAL ACT 



PART XXII 
POLICE VILLAGES 

SECTIONS 487 to 490 Inclusive 

Observations: These sections provide for 

the erection and annexation of additional territory 
to police villages in counties and provisional 
judicial districts. There is very little justification 
for police villages in Ontario and either of two 
courses of action could be taken. Firstly, all 
police villages could be dissolved within a 
stipulated period of time so as to enable the 
present police villages to apply for village or town 
status, or be absorbed as part of the township in 
which they are geographically loc'ated. Secondly, 
the formation of police villages could be prohibited. 

Recommendation : That the formation and 

addition of territory to police villages be dis- 
continued and that sections 487 to 490 inclusive 
be repealed. 

SECTION 514 

Observations: Under certain conditions the 

board of trustees of a police village may be 
incorporated. Should the above recommendation 
in regard to police villages be implemented the 
incorporation of boards of trustees should no longer 
be permitted. 

Recommendation: That section 514 be repealed. 



54 



THE MUNICIPAL ACT 



FORM 7 

Observations: Adoption of the recoramendations 

made under section 97 will require amendment of 
Form 7 - Directions for the Guidance of Voters in 
Voting. 

Recoramendation: That the necessary changes be 

made in Form 7 to bring it into conformity with 
recommendations re section 97 which may be adopted, 

FORM 12 

Observations: Item 2 of Fornn 12 should be 

amended to conform with the recommendation made 
in section 37. 

Reconamendation: That item 2 be brought into 

confornaity with the recommended Revision of section 
37. (See page 18) 



55 



THE ASSESSMENT ACT 
R.S.O. I960, C. 23 
as amended in 1960-61 and 1961-62 



RECOMMENDATIONS 



Observations: From the many submissions 

received, and after a detailed study, it would appear 
that many sections of the present Act deal exclusively 
with assessment principles and procedures, while 
others deal with taxation principles and procedures. 
It is noted that the sections dealing with assessraent 
and taxation are intermingled to a degree that makes 
it difficult for a person to ascertain the portion in 
which he is interested, 

Recomnnendation: That those sections of the Act 

dealing specifically with assessment be placed under 
the general heading "Assessment" and those sections 
dealing specifically with taxation be placed under the 
general heading "Taxation", 

IN TE RP RE TA T ION 

SECTION 1 

Ob s e rvation s : The Committee noted that some 

of the Acts dealing with nnunicipal law contain inter- 
pretations which are applicable only to that particular 
Act, and interpretation sections in some Acts are 
entirely contrary to those found in other Acts, It was 
also ascertained that in some Acts interpretations 
were inserted for the purpose of the particular section 
only and other sections contain different provisions. 
For example, the acreage of a farm necessary to permit 
a farmer's son, daughter, etc. to vote at municipal 
elections (24, l,a) is different than the acreage of a 
farm necessary to allow for the exemption from mill 
rates for certain municipal services which do not 
benefit the land (37, 1), 



56 



THE ASSESSMENT ACT 



Recommendation: That where possible uniform 

definitions should apply to all sections of municipal 
legislation. 

EXEMPTIONS 

SECTION 4 

Observations: The Committee noted the large 

number of tax-exempt properties in Ontario, This 
means that properties exempt from taxation receive 
the benefit of municipal services, the cost of which 
is borne by properties subject to taxation. Many 
of these exemptions are authorized by public and 
private Acts. In many cases provision has been made 
to leave the exemption to the discretion of the 
municipal council. Some of the Acts, e.g. , The 
Assessment Act, The Local Iraprovement Act, have 
granted exemption in any municipality in Ontario. 
The Committee has given a great deal of study to 
this matter and realizes the need for certain organ- 
izations to enjoy the benefit of tax-exempt property so 
that they may carry on their worthwhile activities. 
Consideration was given to: 

(a) restricting the exemption to a percentage 
of the actual value of the property; 

(b) excluding from exemption certain types of 
properties which formerly enjoyed this 
privilege, such as cemetery plots sold for 
the purpose of profit or gain; and 

(c) allowing municipal councils to grant exemptions 
on an overall basis or to tax all properties and 
to make a grant up to the amount of the tax 
levied on exempt properties. 

Recommendation: That property used solely for 

religious purposes be exempt from taxation. 

That all future exemptions for 
properties used for charitable and community purposes 
be left to the discretion of the local municipal council. 



57 



THE ASSESSMENT ACT 



BUSINESS ASSESSMENT 

SECTION 9 

Observations: Many of the briefs dealt with 

the principle of business assessment and taxation. 
Reference was made frequently to the percentages 
applicable in the calculation of business assessment 
and pertained to both the numerous categories and 
wide divergence. 

This legislation was enacted 
in 1904 and has remained virtually unchanged. It is 
probable that at that time there were logical economic 
reasons for the percentages allocated, however, 
changes in the economic status of some businesses 
makes the continuation of their use difficult to 
justify. Also new types of businesses have evolved and 
the multiplicity of rates increases the problem of 
allocation. Representations have been made that 
some types of business which have been in operation 
for many years are not allocated by all assessors to 
the same category. Several briefs have mentioned 
the diversity of the rates applied and one containing 
statistics covering a 54% sample of the member firms 
listed 17 rates ranging from less than 10% to over 60%, 
Many of the percentages listed do not conform to the 
provisions of the Act, Also some of the statistics 
supplied in response to a questionnaire sent to all 
municipalities gave an indication that the rates stated 
in the legislation are not being applied in all instances. 

The assessed value of the land 
and buildings occiapied is not indicative of either the 
volume or productivity of the business and it is 
possible that a tax levied on this base may bear most 
heavily on those least able to pay. Examination of the 
assessment statistics in the I96I Annual Report of 
Municipal Statistics connpiled by the Department of 
Municipal Affairs shows business assessment as 11% 



58 



THE ASSESSMENT ACT 



of total assessment. By class of municipality the 
percentages are: cities 12.8; Metropolitan Toronto 12,6; 
towns 11,0; separated towns 9.3; villages 8.2; and 
townships 4, 5, It will be noticed that the higher 
percentages apply to the more urbanized communities, 
however, the differences in the economies of 
municipalities of the same class show wide variations. 
Cities vary from 9.5% to 19.0%, separated towns from 
2. 0% to 17,4% and the raunicipalities in the Metropolitan 
Toronto Area from 2,3% to 24.5%. The tax levied on 
the business assessment is calculated at the com- 
mercial rate, therefore, the proportion of tax revenue 
derived from this source is somewhat greater than the 
proportion of the business assessment to total 
assessment. 

Several suggestions were made 
to the Committee including: 

(a) abolition of business assessment; 

(b) calculation of business assessment at a uniform 
percentage of the realty assessment; 

(c) that businesses be divided into four categories 
and that the percentages applicable be 30, 50, 
60 and 75; and 

(d) that the businesses mentioned be arranged in 
some logical sequence, possibly alphabetical, 
with the applicable percentage stated. 

Perhaps the right solution would 
be the elimination of the business tax but the problena 
then arises of raising the revenue thus lost. 

In order that the Committee could 
be better informed a questionnaire was sent to each of 
the 937 municipalities requesting inforraation regarding 
the incidence of and revenue from the tax levied on 
business assessment. A great deal of the information 
requested is not readily available from municipal 
assessment and financial records. The Committee is 



59 



THE ASSESSMENT ACT 

pleased to report that 349 useable returns were re- 
ceived (37. 2% of. all municipalities), including 100% 
of the municipalities comprising the Municipality 
of Metropolitan Toronto, 69% of the cities, 62,5% of 
the separated towns, 52,4% of the towns, 30. 1% of 
the villages, 31.5% of the townships and 50,0% of 
the improvement districts. 

The median of the average 
percentages applied in the calculation of the business 
assessment ranged from 47.6 in the municipalities 
comprising Metropolitan Toronto to 33. in the 
townships, and 35.8 for all the municipalities included 
in the survey. Adoption of the average of the per- 
centages applied in the calculation of business assess- 
ment by every rmanicipality would have resulted in an 
increase in the amount of the business assessnn.ent in 
64.2% of the number of business assessments. It was 
noted that 60,6% of the assessments were calculated 
at less than 35%, with the largest number (46.4%) 
being calculated at 25%, 

The tax levied on business 
assessment by percentage used in calculation of the 
business assessment, arranged in descending order 
of revenue derived is shown in the table below: 

BUSINESS TAX LEVIED and NUMBER OF ASSESSMENTS 

19 6 1 



Basis of Calculation 


Business Nuxnber of 


of Business Assessment 


Tax Levied Assessments 




(Percentage) 



60% 




43.3 


25% 




18,5 


50% 




16,1 


75% 




15.7 


30% 




2.6 


35% 




2.1 


150% 




1.1 


50% of 


30% 


0.2 


10% 




0.2 


Minimum $100 




0.1 


Other ':-:= 




0. 1 



7. 


9 


46. 


4 


18. 


9 


5. 


5 


6. 


4 


7. 


1 


O' 




2. 


2 


0. 


5 


5. 


1 



100.0 100.0 

Less than 0. 05% 
Not in accord with legislation. 



60 



THE ASSESSMENT ACT 



Business assessment at the 
minimum amount ($100) and those calculated at 
less than 35% accounted for 60.6% of the number of 
assessments and 21.6% of the total tax levied 
thereon. 

The Committee is conscious 
of the complexity of the problem and the con- 
siderable effect on the finances of some municipalities 
which might be the result of any change in the 
legislation. 

Many businesses naaintain a 
parking area for the convenience of their customers 
and business assessment on the parking area is 
calculated at the rate applicable to the type of business. 
There does not appear to be any logical reason for 
perpetuating the ten per cent rate applicable to land 
used as a supervised car park. 

The distilling of beverage 
alcohol is a manufacturing process similar to the 
production of beer and other beverages. However, 
the original legislation established a rate of 150% on 
distillers, 75% on brewers and 60% on manufacturers 
of other beverages. The Comnnittee feels that the 
spread in the rates applied to distillers and brewers 
is too wide. 

Representations were nnade by 
several groups that, due to change in the economic 
status of their business, the rates applicable can no 
longer be justified and the suggestion made that the 
rate be adjusted downward. This is particularly valid 
for wholesale merchants. 

In some instances the percentage 
is determined by the class or population of the munici- 
pality. The Conamittee is of the opinion that these are 
no longer valid bases for establishing the rate 
applicable. 



61 



THE ASSESSMENT ACT 



While persons operating hotels 
and motels are deemed to be carrying on a business 
and accordingly pay business tax, persons operating 
apartment buildings are not subject to business tax. 

The miniinum assessment of $100 
by today's standards is too low and should be increased. 

The Comnnittee also noted that 
while subsection 9 provides that where a person 
occupies or uses land partly for business and partly 
as a place of residence that the assessment is to be 
split in line with the portions used, but that this 
provision does not apply to business rated under 
section 9(l)(g)o The Committee feels that this is 
unfair in nnany instances to persons assessed under 
this clause. 

Recommendation: 



(1) That the businesses be divided into four 
categories and the percentages fixed at 
25, 50, 60 and 75; 

(2) That the basis of calculating business assessment 
remain unchanged except as follows; 

(a) distillers at 75 per cent; 

(b) wholesale merchants at 50 per cent; 

(c) retail coal or fuel oil dealers at 25 per 
cent; 

(d) all land used for the parking of cars at 25 
per cent (exemption for employee parking 
area allowed under section 9 (2) to be 
continued); 

(e) that every person occupying or using land for 
the purpose of an apartment building con- 
taining more than six self-contained dwelling 
units shall be assessed for business purposes 

for a sum equal to 25 per cent of the assessed 
value of the land occupied or used for such 
apartment; 



62 



THE ASSESSMENT ACT 



(f) all businesses assessed at 35 per cent 
and 30 per cent be reduced to 25 per cent 
and businesses presently assessed at 

25 per cent remain unchanged; 

(g) minimum assessment increased from $100 
to $200; and 

(h) the businesses be listed alphabetically with 
the percentage of assessment shown 
opposite each, 

(3) That section 9 (l)(g) be amended by deleting 

all the words after the word "value" in 
line 12; 

(4) That section 9 (9) be amended by deleting all 

the words after the word "only," in the fourth 
line. 

PREPARATION OF ASSESSMENT ROLLS 

SECTION 20(1), paragraphs 14 and 15 

Observations: Representations were made that 

some municipalities would prefer to prepare the 
assessment roll on a ward basis and not have to further 
break this down by school sections or polling sub- 
divisions. 

Recommendation: That municipalities have the 

option of preparing the assessment roll by wards, 
polling subdivisions, school areas or school sections. 

ASSESSORS 

SECTION 21 



Ob s ervation s : A number of representations were 

made that the Minister of Municipal Affairs should not 
only enact rules fOr the guidance of assessors but should 
also give some protection to assessors from dismissal 
without cause. The Committee was also informed of the 



63 



THE ASSESSMENT ACT 



course undertaken by the Association of Assessing 
Officers of Ontario to qualify assessors. It was 
noted that the examinations for the qualification of 
assessors under this course consisted only of written 
tests. 

Reconnnnendation: That the Minister of Municipal 

Affairs enact qualification tests for chief assessing 
officers of municipalities. 

That chief assessing officers 
be licensed annually. 

That a chief assessing officer 
who is licensed shall not be dismissed without the 
approval of the Minister of Municipal Affair s- 



SECTION 24 

Observations: The Connmittee noted that this 

section of the Act which provides for the eligibility of 
farmers sons, daughters and sisters for municipal 
voting privileges is outmoded in view of modern 
conditions. It places those persons who actually reside 
and work on the farm in tne sarae category as those 
who do not work on the farm but only reside on the 
farm in the evenings or weekends. In view of the 
Committee's recommendation to extend the franchise 
this section is no longer required, (See p. 18) 

Recommendation: That section 24 be repealed. 



VALUATION OF LANDS 
SECTION 35 



Observations: The Committee received nximerous 

suggestions regarding the valuation of lands. After 



64 



THE ASSESSMENT ACT 



careful consideration the Committee is of the opinion 
that the present provisions of The Assessment Act are 
adequate, but often not properly applied. 

Some representations were made 
that the Provincial Manual of Assessment Values be 
based on the values of a more recent year and that 
larger assessing units be created to permit the 
employment of full-time assessing personnel. The 
Committee was informed that the Department of 
Municipal Affairs is at the present time undertaking 
the production of a new edition of the manual. 

Some representations were made 
suggesting that the present provisions regarding the 
assessment of golf courses be made applicable to 
farms. The Committee feels, however, that the two 
situations are not analogous and would not be workable 
for either the municipality or the farmer. 

Recommendation: That the new edition of the manual 

be based on a three to five-year period of recent 
values. 

That the manual be revised 
annually or at least every two years to meet with 
changing conditions or new types of building construction. 

That where feasible the erection 
of larger assessing units be encouraged to facilitate 
the use of full-time assessing personnel, 

ASSESSMENT OF PIPELINES 

SECTION 41 

Observations: At present, transnnission pipelines 

are assessed in accordance with a fixed scale of rates 
as laid down in The Assessment Act. Distribution lines 
are assessed at actual value under the provisions of 
section 35. The Committee noted that the fixed rates 
laid down in the Act are based on 1940 costs of the pipe 



65 



THE ASSESSMENT ACT 



plus 20% and do not include such itenas of cost as 
wrappings and installation. 

Representations were made 
to the Committee suggesting that the assessment of 
pipelines be placed on the gross receipts basis 
instead of the footage basis. The Committee also 
received representations that distribution lines be 
assessed in accordance with a fixed scale of rates 
in the same manner as transmission lines and also 
that they be assessed at their actual value. 

Recommendation: That both transmission and 

distribution pipelines be assessed on the same 
basis either in accordance with a fixed scale of 
rates or at their actual value. 



ASSESSMENT OF RAILWAY PROPERTY 



SECTION 46 



Observations: Consideration was given to the 

legislation regarding the method and the extent of the 
assessment of railway property as it pertained to 
actual conditions of today. There is no apparent 
reason why some railway lands are assessed at actual 
value in relation to the value of other land in the 
locality, while other railway property is assessed at 
its actual cash value as it would be appraised upon a 
sale to another company possessing sinailar powers, 
rights and franchises. 



66 



THE ASSESSMENT ACT 



Recomraendation: That all railway lands and 

property be assessed at its actual value in 
accordance with the provisions of section 35, 

QUINQUENNIAL RAILWAY ASSESSMENT 

SECTION 47 

Observations: For many years railways 

have been assessed on a five-year basis with the 
proviso that land included in the assessment that 
has ceased to belong to the company would be 
deducted therefrom and any additional land acquired 
would be added thereto. 

Representations were made 
that the land and property of railways should be 
assessed on an annual basis as is other property 
in a municipality. However, the Committee is of 
the opinion that all assessments should be for a 
longer period than one year and that railway assess- 
ment should confornn with the general provision as 
subsequently recommended. 

Recommendation: That all railway lands and 

property be assessed on a three-year basis. (See p. 69) 

ADDITIONS TO COLLECTOR'S AND ASSESSMENT 
ROLLS 

SECTIONS 53 and 54 

Observations: Sections 53 and 54 make it 

inciombent upon the clerk of the municipality to add 
to the collector's roll for taxation for the balance of 
the current year and to the assessment roll for 
taxation in the following year the additional value of 
any property or newly created business, or, property 
that has ceased to be exempt from taxation. However, 
there is no statutory obligation on the part of an 
assessor to either prepare a list of supplementary 
assessments or a supplementary assessment roll. 



67 



THE ASSESSMENT ACT 



Recommendation; That sections 53 and 54 be 

amended to make it mandatory that the assessor pre- 
pare supplementary assessment rolls and to forward 
all necessary notices and to attach his affidavit to 
the rolls as prepared. 

TIME OF MAKING ASSESSMENT 
AND RETURN OF ROLL 

SECTIONS 56, 57, 72, 75 and 83 

Observations: The Committee is of the 

opinion that if an equalized assessnaent is to be 
achieved, every part of the Act which has any bearing 
on the matter should be annended where necessary to 
assist in bringing this about. Provisions which have 
a bearing are the period of time necessary to make 
a proper assessnaent; the date for the return of the 
roll which enables sufficient time for the consider- 
ation of appeals; standard periods of time for 
appeals to all courts; and the composition of courts 
competent to deal with appeals. 

It is the Committee's opinion 
that the making of a yearly assessment is not 
conducive to equalized assessnaent and that a longer 
period of time should be given, preferably three 
years. However, this should not operate to prevent 
persons from appealing their assessments annually 
if they so desire or to prevent the necessity of nnaking 
changes in such matters as school support, ownership 
and tenancy. The assessed values as placed would 
remain the same, not only for the year of assessment 
but also for the two succeeding years unless there was 
a substantial change in the use or value of the 
property either due to appreciation or depreciation. 
The provisions of sections 53 and 54 would not be 
interfered with under this change. 

There would not be as long a 
period necessary for the making of an assessment roll 



68 



THE ASSESSMENT ACT 



in any one year and the date for the return of the 
roll could be set back to give a longer period for 
the hearing of appeals and to insure that there was 
adequate time for the preparation of the voters' 
list and the collector's roll. 

The period of time for 
appeals to the court of revision at the present time 
varies from 10 days to 14 days. Appeals to the 
county judge must be made within 10 days and 
appeals to the Ontario Municipal Board within 21 
days after the notice of the decision appealed from 
has been given. This is somewhat confusing and 
unnecessary and should be made uniform. 

It would also a-ppear that the 
present courts designated to deal with appeals is 
somewhat less than ideal in that they are often not 
qualified to determine questions of assessment and 
value, A special tribiinal should be substituted to 
hear appeals in lieu of the county judge and the 
Ontario Miinicipal Board, This special tribunal 
should be composed of personnel qualified on assess- 
ment and appraisal matters. The Select Committee 
on Land Expropriation recommended that a similar 
tribvmal be established to deal with the assessment 
of connpensation arising from expropriations. This 
Committee is of the opinion that this tribunal might 
be an appropriate body to hear assessment appeals 
from the decisions of the various courts of revision. 

The present right of appeal to 
the Court of Appeal on matters of law should be 
retained. In addition, appeals should be permitted 
to the Supreme Court of Ontario in regard to question.s 
of fact. 

All notices of appeal from an 
assessment should be made to the clerk of the munici- 
pality instead of the assessment commissioner. 



69 



THE ASSESSMENT ACT 



Recommendation: That assessments be nnade each 

three-year period and the values applied in one year 
shall prevail for the two succeeding years, subject to 
alteration for any substantial change in the values 
during that period and preserving the annual right of 
appeal. 

That the period for making the 
assessment shall be between the first day of January 
and the 31st day of August in each year with the roll 
to be returned not later than the first day of Septennber 
in the same year. 

That the time for appeal on all 
assessment matters be 21 days. 

That appeals be first taken to the 
court of revision and from there to a special tribunal, 
thus dispensing with appeals to the county judge and the 
Ontario Municipal Board, 

That appeals on questions of 
fact as well as on law be permitted to a Supreme Court 
Judge, and/or the Court of Appeal, 

That notices of appeal from 
assessments be naade to the clerk of the municipality, 

ROTARY SYSTEM OF ASSESSMENT 



SECTION 60 

Observations: Section 60 provides for the 

rotary system of assessment either on a two-year or 
a three-year basis with the new values not to be used 
in any one part of the municipality until the whole 
municipality has been assessed on the new value basis. 
If the three-year interval of making assessments is 
adopted this section would be obsolete. 

Recommendation: That this section be repealed. 



70 



THE ASSESSMENT ACT 



COURTS OF REVISION 

SECTIONS 61 to 64 Inclusive 

Observations: Sections 61, 62 and 63 deal 

with the appointment and composition of courts of 
revision in cities, while section 64 deals with these 
matters in other classes of municipalities. The 
Committee is of the opinion that the same legislation 
should apply to all municipalities with the exception 
of the Municipality of Metropolitan Toronto which 
has its own legislation. There is also a place for 
one-man courts of revision for which provision 
should be made. 

Recommendation: That the council of any 

municipality be permitted to appoint a. s many one- 
man, three-man or five-man courts of revision 
as it deems necessary, the majority of whom shall 
form a quoriora provided that no member of a 
municipal council shall be permitted to sit thereon, 

SECTION 65 

Observations: In counties where county 

assessors have been appointed, a county court of 
revision consisting of five members may be 
appointed to deal with questions of value only. The 
local municipalities appoint courts of revision to 
consider local improvement and tax matters. The 
Committee is of the opinion that one court should 
be empowered to deal with all matters that courts 
appointed by local municipalities are empowered to 
consider. It is difficult to obtain equalization of 
values between municipalities when no county court 
has been appointed. In only 12 of the 38 counties 
which have appointed county assessors has the county 
council seen fit to appoint a county court of revision. 



71 



THE ASSESSMENT ACT 



Recommendation: That in counties where a county 

assessor has been appointed the county council shall 
appoint a county court of revision consisting of three 
to five members, the majority of whom shall form a 
quorum. That no member of the county council shall 
be permitted to sit thereon. This county court of 
revision shall have all the jurisdiction and powers of a 
court of revision appointed by a local municipality. 

That the county court of revision 
shall have the power to appoint additional court of 
revision commissioners and if necessary from among 
their own merabers, and the commissioners shall have 
the same powers as possessed by the court of revision. 

That when a county court of 
revision is appointed no municipality shall have the 
power to constitute or continue a local court of 
revision. 

WITNESS FEES 

SECTION 71 

Observations; It was brought to the Committee's 

attention that witness fees of $3. 00 per diem for 
persons summoned to appear before the court of 
revision or county judge are inadequate. 

Recommendation: That the compensation payable 

to witnesses summoned to attend the court of revision 
or before a county judge be increased. 

APPEALS TO COUNTY JUDGES AND THE ONTARIO 
MUNICIPAL BOARD 

SECTIONS 75 and 83 



Observations: The Committee has previously 

reconnmended that appeals to the county judge and the 
Ontario Municipal Board be eliminated and that appeals 



72 



THE ASSESSMENT ACT 



be made directly from the court of revision to a 
special court or trfbunal. (See sections 56,57,72,75 
and 83 - pp. 67, 68 & 69) 

Recomnnendation; That these sections pertaining 

to appeal procedure to the county judge and the 
Ontario Municipal Board be deleted from the Act. 

That appropriate new 
sections be written in the Act to deal with appeals 
to a special court or tribunal. 

APPEALS TO SUPREME COURT 



SECTIONS 84 to 88 Inclusive 

Observations: A review of these sections 

brought to the Committee's attention the principle 
that a person is subject to taxation even though the 
tax is based on an illegal assessment. This anomaly 
results from the linnitation period placed on the time 
for bringing an appeal. 

Recommendation: That no limitation be placed 

upon the time within which a Supreme Court action 
may be brought to set aside an assessment illegally 
made or a tax illegally imposed, 

PENALTY FOR FAILURE OF CLERK 
TO CARRY OUT HIS DUTIES 



SECTION 92 

Observations: Section 92 provides a penalty 

for the failure of a clerk to carry out his duty and 
the amount of the penalty varies from other sections 
of the Act which similarly impose penalties. 

Recommendation: That a general penalty section 

be enacted to apply to all illegal acts of omission or 
commission of all municipal officials. 



73 



THE ASSESSMENT ACT 



EQUALIZATION 

SECTION 93 (2) 

Observations: Representations were made to 

the Comraittee that the Minister of Municipal Affairs 
enact rules for the guidance of county assessors and 
that the exact duties of the county assessor be defined. 
As the Committee has made a recommendation that 
the Minister annually license all chief assessing 
officers of municipalities including county assessment 
commissioners and county assessors, the provisions 
of section 93 (2) providing for the presentation of 
rules for the guidance of county assessors is 
superfluous. While it is difficult to define the exact 
duties of a county assessor for all practical purposes, 
the real duty of a county assessor is to prepare an 
equalization report which is to form the basis of the 
county equalization outlined in section 93 (1). 

Recommendation: That section 93 (2) be deleted, 

COUNTY ASSESSMENT COMMISSIONER 
SECTION 93a 



Observations: A county council may, with 

unanimous assent of its members, appoint a county 
assessment commissioner. It is the Comnnittee's 
view that the provision requiring unanimous assent 
of all naembers of county council is too stringent. 

The Committee also noted that 
if the county was forced to purchase a considerable 
amount of equipment to operate this system it should 
be given a fair trial before it was abandoned, 

Reconnnnendation: That the appointment of a 

county assessnnent commissioner be made on the 
passing of a by-law by a majority of the members 
of the county council representing 50 per cent of the 
equalized assessment of the county. 



74 



THE ASSESSMENT ACT 



That once a by-law is 
passed by the county council appointing a county 
assessment comnnissioner it may not be repealed 
for a period of three years from the date of its 
passing and then only by a majority vote of the 
members of the council representing 50 per cent 
of the equalized assessment in the county. 

COUNTY ASSESSOR APPOINTED 
AS LOCAL ASSESSOR 

SECTION 93 b and 

THE MUNICIPAL ACT SECTION 227 

Observations: The Committee noted that 

section 227 of The Municipal Act contains somewhat 
similar provisions to those of section 93b of The 
Assessment Act in connection with the appointment 
of the county assessor as the assessor for one or 
more local municipalities. It was also noted that 
some of the smaller cities and separated towns, 
while not forming part of the county for administrative 
purposes, are partners for certain county projects 
such as county health units, county libraries and high 
school districts. They pay their share of the cost on 
the basis of an equalized assessment. It is felt that 
some of these separated municipalities might want to 
employ the services of a competent county assessor 
or county assessment commissioner if the legislation 
permitted them to do so. 

Recommendation : That section 227 of The Municipal 

Act be deleted and legislation enacted to permit any 
municipality to employ the county assessor or county 
assessment commissioner with the consent of the 
county council. 



75 



THE ASSESSMENT ACT 



APPEAL AS TO EQUALIZATION OF 

ASSESSMENTS 

SECTION 96 

Observations: The Coraraittee noted that 

there are two methods by which an appeal may be 
made by a municipality against the equalization 
by-law as adopted by a county council. One is an 
appeal to the county judge and the other is to 
request the Minister of Municipal Affairs to 
appoint either the Ontario Municipal Board or a 
court comprising three persons to hear the appeal. 
The appeal must be launched within 2 days of the 
passing of the equalization by-law. 

The Committee has 
recommended that all appeals dealing with 
assessment be determined by a special tribunal 
(sections 75 and 83) and that the uniform time for 
appeals be 21 days (sections 56, 57, 72, 75 and 83), 

Recommendation: That appeals from equalization 

by-laws be heard by a special tribunal and the time 
for such appeals be 21 days. 

MINIMUM TAX BILL 

SECTION 111 

Observations: In 1950, legislation was enacted 

to provide that where the taxes on any separately 
assessed parcel of laind would be less than $3,00 
council could by by-law set a mininnum tax of $3, 00. 

In i960, legislation was enacted 
to provide that the council could increase this 
minimum tax to $6,00, Representations were made 
to the Committee that this amount was still too low. 



76 



THE ASSESSMENT ACT 



Recommendation: That a municipal council be 

enapowered to render a minimum tax bill of $10. 00, 

CERTIFICATE OF CURRENT TAXES 

SECTION 119 

Observations: Representations were made 

to the Committee that the fee payable to a tax 
collector for a certificate in respect to the status 
of current taxes is too low. The Comnnittee noted 
that the fee is only 25^. 

Recommendation: That the amount of the fee be 

increased from 25^ to $1.00. 

VACANCY ALLOWANCES, ETC. 

SECTION 131 

Observations: Many representations were 

made in regard to the provisions of section 131. It 
was noted that prior to 1900 a municipal council 
could by by-law authorize courts of revision to grant 
a refund or abatement of taxes to persons who clainned 
that they were unable to pay their taxes on the grounds 
of poverty or sickness, A number of years later 
the legislation was amended to enable a nnunicipal 
council to pass a by-law authorizing the court of 
revision to grant vacancy allowances or an abatement 
of taxes under such terms and to the extent as pro- 
vided in the by-law. The conditions and restrictions 
for such allowances varied greatly between munici- 
palities and in 1944 the right of councils to pass 
these by-laws was withdrawn. In 1945, uniform 
provisions applicable to all municipalities were 
imposed by regulation. In 1953 these regulations 
were amended and incorporated in the Act, In 1957 
an amendment provided that a claim for a refund or 
abatement of taxes could be nmade in respect of a pipe- 
line not in use for a period of six months or more. 



77 



THE ASSESSMENT ACT 



The abatement or refund 
of taxes only applies to certain types of property 
and these properties must be offered for rent. 
Representation was made that the abatement should 
also apply to properties erected for the purpose of 
sale, but vacant and unsold because of insufficient 
demand. It was also argued that vacancy 
allowances should apply to furnished premises 
used only for a portion of the year even though no 
effort was made to rent them. 

On the other hand repre- 
sentations were made that the present vacancy 
provisions should not apply to apartment units. 

The Committee noted that 
while it is true that vacant property does not 
require school facilities, garbage collection and 
other municipal services, vacant property as a 
rule requires more police and fire protection than 
does occupied property. 

Application to the court of 
revision for the cancellation, reduction or refund 
of business tax levied is not pernnitted where the 
business was intended to be or was capable of being 
carried on during a part of the year only. However, 
an application may be made when any business 
capable of and intended to be carried on for the full 
year was carried on for a part of the year only. 

Another matter brought to the 
attention of the Committee was the injustice to 
owners of some types of property as a result of a 
change in use during the year of taxation due to the 
variance between the farm- residential nnill rate and 
the commercial-industrial nnill rate. The taxes for 
the following year on commercial property which is 
vacant on December 31st are levied at the residential 
mill rate. If the property becomes occupied during 
the year of taxation and business assessment applied 
against it under the provisions of section 53 the 



'I'l'- 'l r .'," 



78 



THE ASSESSMENT ACT 



higher mill rate can be applied against both the real 
property and the business assessment for the balance 
of the year's taxes. However, no contrary provisions 
are in force where a property is used for conn- 
mercial or industrial purposes and its use changes 
to residential during the taxation year. 

Recommendation: That no refund or abatement 

of taxes be permitted because of vacancy or partial 
vacancy of the premises and in the case of a pipeline 
no refund or abatement should be made because of 
its non-use. 

That business tax be naade 
payable only for the portion of the year during which 
the business was carried on, notwithstanding that the 
business was intended to be or was capable of being 
carried on for part of the year only. 

That where the use of a 
property changes from connimercial or industrial 
to residential during the taxation year, the 
residential mill rate be levied against the assess- 
ment for the balance of the year. 

SALE OF LAND FOR TAXES 

SECTIONS 151 to 182 Inclusive, and 

THE DEPARTMENT OF MUNICIPAL AFFAIRS ACT - 

SECTIONS 47 to 54 Inclusive 

Observations: The Comnnittee noted that 

there are two nnethods of selling land for arrears 
of taxes. One method is provided for in The 
Assessment Act and the other method is provided 
for in The Department of Municipal Affairs Act. 
There is no need for duplication in this regard. 

Recommendation: That the provisions of The 

Assessment Act respecting the sale of lands for 
tax arrears be repealed and the provisions of The 
Departnaent of Municipal Affairs Act be adopted in 
this regard. 



79 



THE PLANNING ACT 
R.S.O. I960, C. 296 
as araended in 1960-61 and 1961-62 



RECOMMENDA TIONS 



The present Planning Act is divided into five 
parts, namely, Official Plans; Subdivision; Restricted 
Area and Building By-laws; Comnnittees of Adjustment; 
and General, 

INTERPRETATION SECTION 

Observations: Counties have only the powers of 

municipalities in so far as official plans are concerned 
(2.9). If the county was nnade a municipality for all 
purposes of The Planning Act this would permit and 
possibly encourage counties to take a more active role 
in planning matters. Perhaps the county is not the 
ideal planning unit but it has the advantage of covering 
a broader area and is an existing political unit with 
defined boundaries. 

Recommendation: The definition of "municipality" 

should include "county" under (l.g). 

That when a county undertakes any 
of the matters authorized by this Act it can only do so on 
a majority vote of the members thereof representing 50 
per cent of the equalized assessment and 50 per cent of 
the total population of the county. 

That the jurisdiction and powers 
of every municipal council and every other person or 
authority within the municipality related to planning 
matters would be terminated upon the exercise by the 
county council of any of the powers contained within this 
Act. 



80 



THE PLANNING ACT 



PART I 
OFFICIAL PLANS 

PLANNING AREAS 

Observations: "Planning Area" is defined as a 

planning area as defined by the Minister of Municipal 
Affairs (l.i) and consists of the whole or parts of such 
municipalities as the Minister considers a planning 
unit (2,2), 

The extent of a planning area 
in so far as it affects a municipality should be determined 
by the local or county council. Provision is made in The 
Municipal Act for the creation by local municipalities of 
niimerous service areas, such as sewer areas (379,1.52) 
and (380.4); water areas (379.1.52); fire areas (394.1 and 
394,3); light areas (379.1.52); transportation areas 
(379. 1. 52 and 379. 1.88); and garbage areas (379. 1.77). 
Any alteration of these areas is made subject to the 
approval of the Ontario Municipal Board (Ontario Municipal 
Board Act (15)), There is no reason why the designation of 
a planning area should not similarly rest with the local or 
county council subject to the creation and any alteration 
thereof being approved by the Municipal Board, 

Recommendation: That a planning area should comprise 

that area designated by the local or county council or as 
agreed upon when more than one council is involved. 

That a planning area or any boundary 
change of a planning area should not become effective until 
it is approved by the Ontario Municipal Board, 

PLANNING BOARDS 



Ooservations: A planning board is appointed in most 

cases by the council of the local municipality, subject to 
the approval of the Minister of Municipal Affairs (3, 1) and 
is a body corporate (4, 1) having its own corporate seal (6) and 



81 



THE PLANNING ACT 



separate legal identity. While members of the municipal 
council may sit on the planning board, they cannot con- 
stitute a majority of the members of the planning board 
(4, 3), Members of the board who do not sit on council are 
appointed for three year terms with one-third of them 
retiring each year (4,5). Members of the board are 
eligible for reappointment (4, 6) and nnay be paid a salary 
and expenses (7a). A planning board may hire employees 
and consultants (4, 10) and shall prepare an annual budget 
which it subraits to the council (7. 1). Every planning 
board has a duty to investigate and survey the physical, 
social and economic conditions in relation to the develop- 
ment of the planning area and may perform such other 
duties of a planning nature as may be referred to it by 
council (10, 1),, 

In effect, a planning board's 
function is to recominend to council (except in the matter 
of a consent to divide a parcel of land as distinguished 
from recommending a plan of subdivision (26. 1. c)). This 
ftinction of recommendation extends from official plans 
to restricted area by-laws, A planning board must of 
necessity rely heavily on its professional staff. While 
members of council often sit on planning boards, these 
boards do not have the close contact with the municipal 
inhabitants that the local councils possess. This is so 
in spite of the fact The Planning Act provides that every 
planning board shall hold public meetings and publish 
information for the purpose of obtaining the participation 
and co-operation of the inhabitants of the planning area 
(10. l.b). Except for joint planning areas, there is little 
merit in creating a planning board as a distinct legal 
entity apart from the municipal corporation. 

Recommendation: That the planning boards as presently 

constituted be dissolved and that the present function of 
these boards be exercised by the local municipal council, 
county council or a committee of either council. 



82 



THE PLANNING ACT 

OFFICIAL PLANS 

Observations: An "official plan" is defined as a 

programme and policy, covering a planning area 

designed to secure the health, safety, convenience or 
welfare of the inhabitants of the area, and consisting 
of the texts and maps, describing such programrae and 
policy, (l.h), A proposed official plan is recom- 
mended to the local council by its planning board for 
adoption (10, l.d) and, if adopted, it must be submitted 
to and approved by the Minister of Municipal Affairs 
before it becomes the official plan of the municipality (12). 
A county council can also adopt an official plan (2. 9). 

Once an official plan is in effect, 
no public work can be undertaken and no by-law can be 
passed that does not conform with or implement the plan 
(15, 1), The procedure on an amendment of the official 
plan is similar to the procedure on its initial adoption (14, 1), 
A municipality may, with the approval of the Minister of 
Municipal Affairs, buy, sell or lease land for the purpose 
of developing any feature of the official plan (19» 1). There 
is no provision for the charging of a fee for the processing 
of an application to amend an official plan. 

At present, an official plan is 
prepared by technical staff, reviewed by th6 planning 
board, revised if thought necessary, and recommended 
to council for adoption. The planning board may function 
to some degree as a buffer between the inhabitants and 
council with questionable result. However, there is little 
doubt that local councils must fulfill their duty to the 
people who elect them and in the final result the fate of 
an official plan rests primarily with the council. There 
is no real need for a separate planning board. 

While an official plan must ordinarily 
be approved by the Minister of Municipal Affairs (12), it 
may be referred by him to the Ontario Municipal Board (14. 3), 
All zoning by-laws must be approved by the Ontario Municipal 
Board (30.9) which implement an official plan. The 



83 



THE PLANNING ACT 



Municipal Board may also deem a by-law to conform 
with the official plan (15,3), There is no logical reason 
why an official plan or any amendment or repeal 
thereof should not sinriilarly be submitted for approval 
to the Municipal Board, The Ontario Municipal Board 
must approve all municipal spending apart from 
current expenditures (Ontario Municipal Board Act (67)). 
Yet a municipality must obtain the approval of the 
Minister of Municipal Affairs to buy, sell or lease 
land for the purpose of developing any feature of the 
official plan (19. 1). 

Representations have been made 
in regard to application fees payable by persons who 
desire to amend an official plan. This suggestion has 
certain merit as the taxpayers at large should not be 
called upon to finance individuals who may derive 
special benefit from such an amendment. 

There is no specific procedure 
which is binding upon the municipality to give notice to 
the people affected by the proposed official plan or an 
amendment to the official plan. 

Recommendation : That the adoption of an official plan, 

its amendment and repeal should rest completely with 
the local or county council on the basis of a majority 
vote of all members of council, subject to approval of 
the by-law by the Ontario Municipal Board, 

That before an official plan is 
adopted or amended notice should be given to the people 
of the planning area by publishing a copy thereof in at 
least one newspaper having a general circulation in the 
planning area each week for at least three weeks before 
the hearing, stating the day, tiine and place of the 
meeting at which the plan will be considered. 

That nnunicipalities may, with the 
approval of the Ontario Municipal Board, buy, sell or 
lease land for the purpose of developing any feature of 
an official plan. 



84 



THE PLANNING ACT 



That municipalities may charge 
a fee on an application for an araendment to an official 
plan, 

REDEVE LOPMENT 



Observations: "Redevelopment" is the planning, 

replanning (design or redesign, resubdivision, clearance, 
development, reconstruction or rehabilitation) of a 
redevelopment area and the provision for such land use 
as may be appropriate (20, l.a), A "redevelopment area " 
is an area designated by council as desirable for 
redevelopment because of such things as age, dilapidation, 
overcrowding, faulty arrangement or unsuitability of 
buildings (20,l,b), 

The council of a municipality that 
has an official plan may with the approval of the Minister 
of Municipal Affairs designate a redevelopment area 
which cannot be altered or dissolved without the approval 
of the Minister (20,2), However, the Minister may 
withdraw his approval and thereby dissolve the redevelop- 
ment area if he is not satisfied with the progress nnade 
by the municipality in acquiring land within the redevelop- 
nnent area or in preparing a redevelopment plan (20,4), 

"Redevelopment plan" is defined 
as a general scheme approved by the Municipal Board for 
the redevelopment of a redevelopment area (20, l.c). 
While the Municipal Board and not the Minister must 
approve a redevelopment plan (20.5) and any amendment 
thereof (20.7), nevertheless, the Minister and not the 
Ontario Municipal Board must approve the construction, 
repair, rehabilitation or improveinent of buildings on land 
acquired in the redevelopment area and the sale or 
leasing of any such land and buildings (20,8), Debentures 
issued by a municipality for redevelopment may provide 
for such term of years as approved by the Municipal 
Board (20. 10). 



85 



THE PLANNING ACT 



While a redevelopment plan 
(20. 5) and the money required to finance such a 
plan (2 0. 10) must be approved by the Ontario 
Municipal Board, the redevelopment area must be 
approved by the Minister of Municipal Affairs (20.2). 
As mentioned previously (see Planning Areas - p. 80), 
the Ontario Municipal Board has jurisdiction to 
control the boundaries of other areas such as sewer 
areas and water areas. 

Recommendation: That the establishnnent, 

alteration or dissolution of redevelopment areas 
by municipalities with official plans be subject to 
the approval of the Ontario Municipal Board rather 
than the Minister of Municipal Affairs. 

PART II 
SUBDIVISIONS 



AREAS OF SUBDIVISION CONTROL 

Observations: An area of subdivision control 

is designated by the municipal council (26. 1) and plans 
of subdivision within this area that have been registered 
for eight years or more may be deemed by council to be 
not registered (26.2), Certified copies of the municipal 
by-laws exercising this jurisdiction must be lodged in 
the office of the Minister of Municipal Affairs (26.6). 
An area of subdivision control cannot be altered or 
dissolved without the approval of the Minister (26. 12). 

The consent of the Minister of 
Municipal Affairs is not required for the establishment 
of an area of subdivision control and yet the Minister 
must consent to the alteration or dissolution of an area 
of subdivision control. 

Recommendation: That the municipal clerk not be 

required to lodge with the Minister of Municipal Affairs 
certified copies of a subdivision control by-law, or a by- 
law deeming plans of subdivision not registered, and that 



86 



THE PLANNING ACT 



the consent of the Minister not be required for the 
alteration or dissolution of an area of subdivision 
control established by the municipal council. 

SUBDIVISION BY CONSENT 

Observations; A municipal council may designate 

any area within the municipality as an area of sub- 
division control, whereupon for all practical purposes, 
no person is permitted to execute any document that 
has the effect of granting the use or right in land in 
the area for a period of 21 years or more, except in 
accordance with a registered plan of subdivision or by 
consent of the planning board unless the parcel being 
transferred is his entire holding or 10 acres or more 
in area and any remnant left is at least 10 acres in 
area (26, 1), This restriction does not apply to the 
Dominion, Province or municipalities (26,l.d), 

Where the land lies in more than 
on'_ planning area, the consent must come from the 
planning board designated by the Minister of Municipal 
Affairs and where there is no planning board then the 
Minister must grant the consent (26. 1. e.ii). Conditions 
similar to those that may be iraposed as a condition of 
approval of a plan of subdivision may be imposed by the 
planning board or Minister granting the consent (26,13) 
and appeal lies to the Ontario Municipal Board if the 
application for consent is refused, not dealt with, or 
where the applicant is not satisfied with the conditions 
imposed (26, 14), There is no provision for the payment 
of application fees on filing an application for consent to 
divide. If a inunicipality has not designated all or any 
part of the lands within its boundaries, an area of sub- 
division control, the Minister of Municipal Affairs may 
exercise the powers of council in regard to designating 
the areas not so designated, deeming plans not registered 
within these areas and granting consents to divide lands 
within these areas (27. l.b). 



87 



THE PLANNING ACT 



The municipal council, in the 
final analysis, is responsible for the development and 
servicing of its municipality. Control should be where 
responsibility rests. The municipal council is in a 
better position than the planning board or Minister of 
Municipal Affairs to determine whether or not a 
consent to divide a parcel of land should be granted 
and, if so, the conditions, (such as the provision of 
municipal services) to be imposed. There is con- 
siderable justification for the charging of a fee on an 
application for consent to divide for the reasons 
expressed under the heading of "Official Plans", 

Recomme ndation: That the granting of consents to 

divide and the conditions to be imposed be within the 
exclusive jurisdiction of the municipal council subject 
to the present right of appeal to the Ontario Municipal 
Board. 

That a municipality should be 
permitted to charge an application fee on filing an 
application for consent to divide. 

That the Minister of Municipal 
Affairs should not be permitted to usurp the function 
of council in regard to the designation of areas of sub- 
division control, deeming plans not registered and 
granting consents to divide. 

PLANS OF SUBDIVISION 

Observations: An application for approval of a 

plan of subdivision is nnade to the Minister of Municipal 
Affairs (28. 1) who may confer with the relevant municipal 
officials and other public and private bodies (28.3) and 
impose such conditions to the approval as he thinks 
advisable (28, 5), One of the conditions that the Minister 
may inmpose is the conveyance to the municipality of land 
for public purposes other than highways, not exceeding 



88 



THE PLANNING ACT 



5 per cent of the land included in the plan (28. 5.6) 
which may be sold with the approval of the Minister 
(28.9). Where an official plan is in effect indicating 
the municipality's ultimate land requirenaents for 
public purposes, the Minister may authorize a cash 
payment not exceeding the value of 5 per cent of the 
land included in the subdivision in lieu of a con- 
veyance of land (28,8). These monies are paid into 
a special account for the acquisition, with the approval 
of the Minister, of lands for public purposes (28. 10). 

While the application for 
approval of a plan of subdivision is to the Minister 
of Municipal Affairs, in practice, the conditions 
imposed are those of the inunicipality after having 
scrutinized the plan and received the recominendations 
of its planning board. There is little doubt that the 
Department of Municipal Affairs plays a much more 
important role than that of a clearing house, especially 
in the guidance and assistance of smaller municipalities 
that do not have trained planning staffs. An application 
for approval of a plan of subdivision should be made to 
the municipality. However, the final approval of a plan 
should be left with the Minister of Municipal Affairs 
subject to the right of appeal to the Ontario Municipal 
Board. There has developed some inference that the 
lands conveyed for public purposes are really intended 
for park purposes and that cash payments in lieu of land 
are similarly ear-marked. This should be clarified. 
In addition, a nnunicipality that has not adopted an 
official plan should be permitted to take cash payments 
in lieu of land dedication. Quite often the problem con- 
fronting a municipality is not the need to acquire 
additional lands but to improve those that they already 
have so that they can be enjoyed by the public. Cash 
payments in lieu of land dedication would assist in this 
regard and their expenditure for this purpose or for 
acquiring additional lands should not require the approval 
of the Minister of Municipal Affairs, 



89 



THE PLANNING ACT 



Recoramendation: That application for approval of a 

plan of subdivision be made to the municipality, the final 
approval remaining with the Minister of Municipal 
Affairs subject to a right of appeal to the Ontario 
Municipal Board. 

That "public purposes" be 
defined to include such things as parks, fire halls, 
police stations and public utility stations. 

That all municipalities, whether 
or not an official plan is in effect, be given the right to 
accept cash payments in lieu of land dedication and that 
such money be spent without the approval of the 
Minister of Municipal Affairs for the acquisition of lands 
or the development or improvement of existing public 
lands , 

PART III 
RESTRICTED AREA fc BUILDING BY-LAWS 

RESTRICTED AREA BY-LAWS 

Observations: Councils of municipalities have 

power to pass by-laws restricting the uses of land and 

the erection or use of buildings (30, 1.1), provided that 

no part of any such by-law comes into force without 

the approval of the Ontario Municipal Board (30,9). 

The Mianicipal Board's approval does not become effective 

until it issues its formal order (30, 17), The Minister 

of Municipal Affairs may similarly exercise by order 

and without approval of the Municipal Board like powers 

in respect of any land in Ontario not already zoned (27, l,a), 

The Municipal Board may approve a 
zoning by-law for a limited period of time only and upon 
application may further extend such period from time to 
time (30.9), Before granting its approval the Municipal 
Board may direct the municipal council to give notice of 
its application to such persons as it deems fit (30, 11), 



90 



THE PLANNING ACT 



There is no provision in the Act 
to provide that before a zoning by-law is passed by the 
council that there shall be a public hearing before the 
council or the planning board after due notice to all 
persons affected by the proposed by-law. 

The power given to municipalities 
to pass restricted area by-laws has supplanted to a 
large degree the practice of attaching restrictive 
covenants to conveyances of land and has become accepted 
as a part of modern community living. However, a 
similar power given to the Minister of Miuaicip-il Affairs 
strikes at the heart of municipal self-determination and 
should not be permitted. 

While provision is nmade for the 
extension from time to time of a temporary approval by 
the Municipal Board of a zoning by-law, no reference is 
niade as to what persons naay apply for such extension or 
the procedure to be followed on such application. These 
matters should be clarified to permit any person whose 
property is affected to make the application upon proper 
notice to the municipality and to those persons as 
directed by the Municipal Board. 

The application to the Municipal 
Board should be made after a public hearing has been 
held after due notice to all persons affected by the pro- 
posed by-law. 

Recomniendation: That the right of the Minister of 

Municipal Affairs to impose zoning restrictions be with- 
drawn. 

That there shall be a public hearing 
before the council or a committee thereof after due notice 
to all persons affected by the proposed by-law. 

That the municipality or any person 
whose property is affected by a restricted area by-law 



91 



THE PLANNING ACT 



be given the right to make application to the Ontario 
Municipal Board to extend a temporary approval of 
such by-law and that notice of the application be given 
as directed by the Ontario Municipal Board, 

That before a zoning by-law is 
passed, amended, or, before an application is made 
to the Ontario Municipal Board to extend the temporary 
approval of a zoning by-law a public hearing shall be 
held by the council after due notice to all the persons 
affected, 

BUILDING BY-LAWS 

Observations: Power is granted municipalities 

to regulate in detail the construction of buildings and 
structures ii order to protect the health and safety of 
its inhabitants (31). However, there is no provision for 
an expiration date to be attached to a building permit or 
renewal privileges after the expiration date. 

While slight amendment of the 
legislation regulating the issuance of building permits 
is suggested, it is difficult to understand the reason for 
this legislation being included in The Planning Act. 

Recommendation: That a provision made for an 

expiration date be attached to a building permit or any 
renewal thereof and that legislation governing the 
issuance of building permits be deleted from The Planning 
Act and transferred to The Municipal Act. 

PART IV 
COMMITTEES OF ADJUSTMENT 

ESTABLISHMENT OF COMMITTEES OF 
ADJUSTMENT 

Observations: A municipality that has passed a 

zoning by-law may have a committee of adjustment which 



92 



THE PLANNING ACT 



is appointed by by-law (32a, 1) and approved by the 
Minister of Mionicipal Affairs (32a. 3), The procedure 
on appointment and tenure of office correspond with 
those of a planning board. However, a member of 
the council cannot sit on a committee of adjustment. 
As in the case of a planning board, a committee of 
adjustment may engage such employees and consultants 
as is deemed expedient (32a, 9). 

Recommendation: That a naunicipal council or a 

committee appointed by council be enabled to exercise 
all the powers as set out in sections 32a and 32b^ 
pertaining to committees of adjustment. 

That the establishment, 
appointment of members and the operation of a com- 
mittee of adjustment shall not be subject to the 
approval of vhe Minister of Municipal Affairs, 

That the committee of adjustment 
not be empowered to engage employees and consultants, 

PART V 
GENERAL 

RIGHT TO RESTRAIN 



Observations: A right to restrain by action any 

contravention of a municipal by-law that implements an 
official plan is given to a municipality, its planning 
board or a ratepayer (33), 

It would be more effective if the 
procedure to enforce such by-laws was by way of 
application to a County Court Judge in Chambers, 

Recomnnendation: That an order to restrain any 

contravention of a municipal by-law be made by a Judge 
of the County Court sitting in Chambers with the 
appropriate appeal procedure from any order so made. 



93 



THE LOCAL IMPROVEMENT ACT 

R.S.O. I960, C. 223 
as amended in 1960-61 and 1961-62 



RECOMMENDATIONS 



INTERPRETATION 

Qt servations: An examination of the Interpretation 

Section of The Local Improvement Act discloses that, while 
it is in the most part adequate, nevertheless, it requires 
some adjustment. In particular, there is mention of the 
word "boulevard" in the Act as a work that may be con- 
structed or maintained (2. l.h. ) and yet this word is not 
defined. While the word "bridge" is defined (1,2), the 
definition does not go far enough to include a sidewalk on a 
bridge. The word "owner" is defined (1.16) differently for 
townships than other municipalities in that for townships it 
includes a tenant for years, the unexpired term of whose 
tenancy extends for not less than the period during which 
the special assessment for the work is to be made. 

The present interpretation section of 
The Local Improvement Act would be adequate if the word 
"boulevard" was defined a.nd if the definition of "bridge" was 
extended to include sidewalks on a bridge and if "owner" 
was given the same meaning for all municipalities. 

Recommendation : That the word "boulevard" be defined. 

That the definition of "bridge" be extended to include a side- 
walk or sidewalks on a bridge. That the word "owner" be 
given the same meaning for all municipalities, 

WORKS THAT MAY BE UNDERTAKEN AS 
LOCAL IMPROVEMENTS 

Observations; Works that may be undertaken as local 

improvements are listed in detail (2,1) and it is made clear 
that they do not include ordinary repair and maintenance 
(2.2). Once a work has been constructed, the municipal 
corporation has a duty to keep it in repair (59. 1) and if it 
fails to do this at any time during the lifetime of the work, 
the owner or occupant of any lot specially assessed may 



94 



THE LOCAL IMPROVEMENT ACT 



apply to the judge of the county court or a judge of the 
Supreme Court for an order compelling the municipality 
to repair (60). Private drain connections, water service 
pipes and gas service pipes may be constructed as local 
improvements without petition where a sewer, watermain 
or gcj-s main has been or is to be constructed, upon a 
majority vote of council (4). However, there is no pro- 
vision to construct these private connections when the 
construction of a pavement, curb or sidewalk is con- 
templated. 

There is also provision made for 
towntihips, towns and villages in unorganized territories 
to purchase a work that has already been constructed but 
which might have been undertaken as a local improvement 
(5). 

Where the estimated cost of the 
opening, widening or extension of a street or the con- 
struction of a bridge exceeds $50,000, persons who may 
be liable for special assessment are protected by giving 
them the right to file a notice of objection, in which case 
the work cannot be undertaken without the approval of the 
Ontario Municipal Board (6), 

While the list of works that may be 
undertaken as local improvenaents is quite comprehensive, 
there is no reason why construction of private drain con- 
nections, water service pipes and gas service pipes should 
not be included. It may be reasonable and expedient to 
construct these works without petition prior to the con- 
struction of a sidewalk or curb or the laying of a pavement. 
This would eliminate the necessity of breaking out the 
sidewalk, curb and pavement in order to make a connection 
at a later date. 

There is no apparent reason why the 
purchase of works that have been constructed by private 
persons, but which might have been constructed as local 
improvements, should be confined to townships, towns and 
villages in unorganized territory, especially in view of the 



95 



THE LOCAL IMPROVEMENT ACT 



large areas being developed in recent times by private 
persons. 

The special provisions of The 
Local I-mprovement Act pertaining to the opening, widening 
or extension of a street, or the construction of a bridge 
where the estimated cost exceeds $50, 000, would not be 
necfessary if a uniform procedure for undertaking local 
improvement works was implemented which gave adequate 
protection to the property owner in every instance, 

Reconnmendation: That private drain connections, 

water service pipes and gas service pipes be included in 
the general list of works that may be undertaken as local 
improvements. 

That all municipalities be given the 
power to purchase works that have been constructed by 
private persons but which are of a nature that they could 
have been constructed as local improvennents. 

That section 6 of The Local Improvement 
Act be deleted if the uniform procedure for undertaking local 
improvement works as recommended by this Committee is 
adopted. 

PROCEDURE FOR UNDERTAKING WORK 



Observations: There are four methods that may be 

employed to undertake a local improvement work (7), These 
are as follows: 

(a) on petition of the owners of lands affected; 

(b) on the initiative of council, without being 
petitioned; 

(c) by the municipal council on sanita-ry grounds; 

(d) by the municipal council without being 
petitioned (private connections (4) and 
forced locals (8)). 

Basically either the work to be done is petitioned by the owners 



96 



THE LOCAL IMPROVEMENT ACT 

or is instituted on the initiative of the municipal council. 
If the work is petitioned to be done under (a) the municipal 
council is not compelled to pass the by-law to construct 
the work. If the municipal council employs the initiative 
plan under (b) the property owners affected may petition 
against the work, in which event it cannot be undertaken 
(12, 1), However, if the local improvement is one that is 
considered necessary on sanitary grounds under (c) the 
landowners affected do not have the right to petition the 
council against it (9) but may apply by petition to the 
Ontario Municipal Board for relief. The municipal council 
may undertake to construct private drain connections, water 
service pipes or gas service pipes under certain circum- 
stances without being petitioned under (d) and without the 
right of the landowners affected to petition against the work 
(4) and the approval of the Ontario Municipal Board is not 
necessary. In regard to certain other works (8), the 
municipal council may undertake the work without being 
petitioned and the property owners affected cannot petition 
against it but the approval of the Ontario Municipal Board 
must be obtained. 

The various procedures available to 
undertake a local improvement work are not only confusing 
and unnecessary but also often ineffective. For example, 
property owners may petition council to construct a work 
as a local improvement but there is no onus on council to 
pass the necessary by-law to undertake the work. The 
municipal council however can initiate the work, but a 
proper petition can prevent the council from passing the 
by-law. Covincil may, nevertheless, undertake the work 
by obtaining the approval of the Ontario Municipal Board. 

Recommendation; That the present procedure for 

\indertaking local improvement works be deleted. 

That a single procedure for all local 
improvement works be adopted and that the procedure be on 
the initiative of a majority vote of all the nnenabers of council 
after advertising its intention to do so and after serving 
notice either personally or by ordinary mail upon the property 
owners affected provided that no such by-laws shall come into 
force and effect without the approval of the Ontario Municipal 
Board, 



97 



THE LOCAL IMPROVEMENT ACT 



HOW COST OF WORK TO BE BORNE 

Observations; A local improvement work is for the 

benefit of the individual as opposed to the public at large 
and consequently the entire cost is generally assessed 
against the lands abutting directly on the work (20, 1). 
Special allowance may be made for corner lots (20,4), 
triangular or irregularly shaped lots (28, 1), lots unfit 
for building (28.2) or lots with two limits that abut on the 
works, so as to adjust the assessnnent on a fair and 
equitable basis. The municipal corporation is liable for 
so much of the cost of the work as is incurred at street 
intersections (23. c) and for certain other costs (23. a, b,) 
and may assume a larger share of the cost of other works 
such as sewers, watermains (24), sidewalks, curbs, 
pavements, street lighting (27), bridges, parks, squares 
and the opening or improvennent of a street (32). If a 
municipality receives a cash contribution towards the 
cost of any work, it is deducted from the total cost of the 
work and the balance is deemed to be the actual cost of 
the work (21, 1), However, where a contribution is applied 
towards the cost of constructing a work with greater 
capacity than required to serve the abutting lots, such 
contribution is applied to reduce the corporation's share(21,3). 

If the flankage of a lot is exempted 
from a local improvement rate, and the flankage later 
becomes frontage, it may be assessed as though it was 
frontage at the time of the passing of the local improvement 
by-law (29. 1), but the annual levy may not extend beyond 5 
years after the payment of the debentures issued for the 
work (29. 5), 

When it is necessary to construct a 
sewer outlet through lands which are not benefited, the cost 
of same is deemed to be a part of the cost of the sewer and 
cannot be assessed against the lands abutting on the outlet (34), 

Where lands not abutting directly on 
the work are equally benefited, an equal special rate per foot 
of frontage is assessed upon the lots (37), but if the lands are 
not equally benefited, areas of similar benefit are set aside 
and the lands assessed on an equal special rate per foot 



98 



THE LOCAL IMPROVEMENT ACT 



frontage upon the lots in each area (38) where land is 
assessed in one block and becomes subdivided, the sub- 
division may be designated as an area and the special 
assessment levied against the new lots (39). 

There is ample provision for the 
adjustment of inequities in the assessment of properties 
for local improvement works. There is even provision 
to readjust assessments in certain circumstances, as 
for example, when flankage becomes frontage in the sub- 
sequent development of lands it may be assessed as 
frontage. However, there is no authority to cancel an 
assessment against frontage which subsequently becomes 
flankage. Provision should be made to cover this 
contingency. 

Cash contributions towards the cost 
of any local improvement work are deducted either from 
the total cost of the work or from the corporation's share. 
There is no provision to apply a cash contribution against 
any of the owners* share, or power vested in the municipal 
corporation to apply the contribution in any way that might 
be agreed upon by the contributor and the corporation. The 
Local Improvement Act should enable these things to be 
done. 

While the cost of a sewer constructed 
as a local innprovement includes the cost of an outlet 
through lands that are not benefited, there is no similar 
provision in regard to a watermain that nnay have to be laid 
through lands that do not receive any immediate benefit. 
There is no provision in either case for subsequently 
assessing lands that may at some future time benefit from 
these works. The present legislation should deal with these 
matters. 

In addition, where the lands not abutting 
directly on the work are benefited, authority should be given 
to assess them on an area basis as well as on a frontage 
basis. 



99 



THE LOCAL IMPROVEMENT ACT 



Trunk sewers and watermains are 
often constructed by a municipality and financed not as a 
local improvement but by the corporation as a capital 
expenditure. At a subsequent date, lands in the area may 
be developed and improved, or, there may be lands abutting 
the work that might be specially benefited, as connections 
could be made so as to utilize the trunk main in the same 
manner as a lateral. The Local Improvement Act should 
provide that where the lands could be serviced in this way, 
they may be assessed on an equitable basis when con- 
nections are made, notwithstanding the fact that the sewer 
or watermain has already been installed. 

Recommendation: That The Local Improvement Act be 

amended to permit the cancellation of an assessment 
against frontage which subsequently becomes flankage. 

That cash contributions towards the 
cost of a local improvement work may be applied against 
an owner's share or in any way that might be agreed upon 
between the contributor and the corporation. 

That section 34 of The Local 
Improvement Act be amended to include watermains and to 
provide that the abutting lands which receive no imnnediate 
benefit may subsequently be assessed in an area on 
frontage basis if at some future time they do benefit from 
these works. 

That lands benefited by, but not 
abutting directly on the work, be assessed either on an area 
basis or a frontage basis. 

That the local improvement procedure 
be permitted where a sewer or watermain has been con- 
structed other than as a local improvement, but which work 
subsequently benefits abutting lands, and to provide that 
these lands may be assessed either on an area or frontage 
basis. 



100 



THE LOCAL IMPROVEMENT ACT 



PROCEDURE FOR MAKING SPECIAL ASSESSMENT 

Observations: The present provisions of The 

Local Improvement Act (40-51) adequately cover the 
various reports, statements, estimates and special 
assessment roll preliminary to undertaking the work. 
Appeal procedure is provided in regard to any lot 
specially assessed (51) to the Court of Revision, County 
Judge, Ontario Municipal Board and Court of Appeal, 

The Court of Revision does not 
have jurisdiction to review or alter the corporation's 
share as opposed to the owner's share. 

The present procedures for 
making special assessments under The Local 
Improvement Act are quite satisfactory. The appeal 
procedure should be the same as that recommended 
under The Assessment Act for the sake of uniformity 
and simplicity. 

Recommendation; That the appeal procedure from 

an assessment made under The Assessment Act apply 
to appeals from a special assessment made under The 
Local Improvement Act, 

ASSESSMENT OF LAND EXEMPT FROM TAXATION 

Observations: Lands on which are situate places 

of worship and seminaries of learning, except schools 
that receive a legislative grant or school tax, are liable 
to be specially assessed for local improvements (6). 
Lands exempt from local improvement rates under any 
general or special Act are assessed but the special 
assessments imposed thereon are paid by the municipal 
corporation (62). 

While church lands and school 
property in certain instances are liable for local improve- 
ment charges, cemetery lands are not. Neither are 
lands in a local nnunicipality owned by a covmty. 



101 



THE LOCAL IMPROVEMENT ACT 



Recommendation: That land owned by or forming 

part of a cemetery operated for profit, and land in a 
local municipality owned by the corporation of a county, 
be liable for the payment of local improvement rates, 

SPECIAL PROVISION AS TO TOWNSHIPS, 
TOWNS, VILLAGES, ETC. 

Observations: In addition to the general list of 

works which may be undertaken by all municipalities, 
special authority is given to townships and villages to 
construct, renew or replace water works, sewage 
treatment works and the plant and equipment for street 
lighting (66). 

All municipalities have the power 
to set aside certain defined areas in which event the cost 
of a work naay be assessed and levied on the rateable 
property in the area (67. 1), or in some circumstances 
assessed and levied part on a frontage basis and part on 
an area basis (67,2). 

There is no apparent reason for 
the special provisions applying to townships and villages. 

In regard to works constructed in 
defined areas, in some cases the property benefiting 
directly may be assessed a portion of the cost and the 
area may be responsible as a whole for the payment of 
the balance. However, there is at present no provision 
to assess the miinicipal corporation in addition to the 
defined area and the property owners who receive a 
special benefit from the work. 

Recommendation: That. the special provisions of The 

Local Improvement Act applying to townships and villages 
be deleted. 

That provision be made for the 
corporation as a whole to assume a part of the cost of a 
work in addition to the cost to be borne by the defined area 
and the cost specially assessed against the properties in 
that area. 



102 



THE LOCAL IMPROVEMENT ACT 

ADOPTION OF LOCAL IMPROVEMENT SYSTEM 

Observations; A by-law may be passed with 

the assent of the mxonicipal electors which provides 
that all works that may be iindertaken as local 
improvements must be so undertaken (69. 1). 

It is unknown how many munici- 
palities may have enacted such a by-law and whether 
these by-laws when enacted have been obeyed. 
However, there is no apparent reason for retaining 
this provision in The Local Improvement Act, 

Re comm endation ; That the section of The Local 

Improvement Act providing for the adoption of the 
local improvement system by mxinicipal by-law be 
deleted, 

MISCELLANEOUS 

Observations; The special assessment and 

rates for a local improvement work is not an encumbrance 
upon the lands as between vendor and purchaser (70), 
Local improvement proceedings undertaken by one 
council may be connpleted by a succeeding council (71) 
and the Ontario Municipal Board may approve of 
forms of by-laws, notices and other proceedings (72), 
Arbitration when required (5) is performed under The 
M\inicipal Act, 

The miscellaneous provisions of 
The Local Improvement Act need no amendment. However, 
in the event that arbitration is necessary provision should 
be made for arbitration by the special tribunal as 
recommended by the Select Committee on Land 
Expropriation rather than by arbitration undei* The 
Mtuiicipal Act as presently constituted. 

Recommendation; That arbitration under The Local 

Improvement Act be arbitration by the special tribvinal 
contemplated by the Select Committee on Land 
Expropriation, 



103 



THE MUNICIPAL FRANCHISE EXTENSION ACT 
R.S.O. I960, C. 254 

and 
THE VOTERS' LISTS ACT 
R.S.O. I960, C. 420 



Observations: The Municipal Franchise 

Extension Act enables miinicipalities to pass by-laws 
providing for the preparation of a resident voters' 
list, after the municipal electors have expressed 
their favour of extending the right to vote to the 
persons as therein set out. Participation in the 
administration of a municipality's affairs is no 
longer confined to persons who own property, nor do 
municipal services benefit only those persons with 
a real property interest. 

Parts I and II of The Voters' 
Lists Act pertain to the preparation of the list of 
voters for naunicipal elections. These Parts should 
be transferred to The Municipal Act under the 
appropriate headings. 

Recommendation: That the appropriate provisions 

of The Mtinicipal Franchise Extension Act amended 
as recommended herein (see sec. 14, p. 14 and sec. 37, 
p. 18) be incorporated in The Municipal Act and that it 
not be necessary to submit the question for the assent of 
the electors. 

That The Municipal Franchise 
Extension Act be repealed. 

That Parts I and II of The 
Voters' Lists Act be transferred to The Municipal 
Act under the appropriate headings. 



104 



There is no royal road to 
the solution of the myriad problems facing munici- 
palities today. Persistent and often tedious 
research, observation and study is essential to 
determine the fairest way to administer in the 
best manner the nriany matters that daily affect 
the lives of our citizens. 

A highly complex society 
has developed in the past half- century that has 
brought with scientific success the need for social 
change. Stereotyped thinking must be reformed 
and a fresh and uninhibited approach taken in the 
task of amending the legislation to meet the modern 
adjustment of social rights, responsibilities and 
needs. The ramifications as applicable to 
municipalities are many and demand detailed 
consideration. 

The Committee entertained 
numerous submissions that touched on forty 
different Provincial Statutes, in addition to the four 
that form the subject matter of this Interim Report. 
While specific recommendations are made, these 
should not be considered exhaustive or immutable. 
Further study and suggested reform of other 
legislation may dictate limited change of the 
Committee's present recommendations. In 
particular, the recoinmendations in respect of The 
Municipal Act are not intended to be complete. Time 
has not permitted the detailed study necessary to 
render constructive recommendations in regard to 
such matters as highways and bridges. This subject, 
for example, is embodied in numerous statutes and 
while the Committee is aware of the need to 
modernize and crystalize this legislation it will 
have to fornn the subject matter of a future report. 



105 



The Committee respectfully 
submits this Second Interim Report with the prayer 
that it be reappointed to continue with all the same 
persons and duties as heretofore and that a new 
Member be appointed to fill the vacancy caused by 
the resignation of Mr. Belisle. 




J|ollis E. Beckett, Chairman 




i'^/ 



Cowling \ 



/ 



\ -A' '/O '.<^Au 



Ron. K. McNeil 




.^-sr*^^ 



D. Arthur Evans 



Vernon M. Singer 





George T. Gordon 




Thomas D. Thomas 




--/■ 



Donald H. Morrow 



APPENDIX 
CONTENTS 

Appendix 

A Interim Report, November 23rd, 1961 

B Letter to clerks of all municipalities. May 11th, 1961 

C Advertisement, Fall of 1962 

D "Written Submissions 

E Attendances 



Appendix A 



INTERIM REPORT 

of 

SELECT COMMITTEE ON THE MUNICIPAL ACT 

AND RELATED ACTS 



November 23rd, 1961. 



Appendix A 



MEMBERS OF TEE 
SELBCT COI«IITTEE ON THE MUNICIPAL ACT AKD RELATED ACTS 



Hollls £. Beckett^ Q.C.^ Chairman • York East 

Rheal Bellsle Nickel Belt 

Alfred H. Covling High Park 

Arthiir Evaofi Slmcoe Centre 

George T. Gordon • Brantford 

Donald H. Morrov ....• ••«.. Ottawa West 

Ron. K. McNeil Elgin 

Vernon M. Singer York Centre 

Thoraas D. Thomas ••••• Oshava 

(Mrs.) H. G. Rowan Secretary to 

the Consoittee 

R. B. Andrews Assistant Secretary 

to the Conmlttee 



Appendix A 



To The Hcmourable Parliament Suildlnge 

The Leglelatlre Assembly of Toroctto, Ontario. 

The Provlnoe of Ontario NovegnAwr ZZv^, 1961* 



Honourable NsiiA>erat 

On Monday^ Kerch 27th, I96I, during the Second Seaaion of 

the Tventh- sixth Parliament, the following laotion was aoved hy The 

Honouraible Leslie M. Frost, Q.C., Prliae Minister of Ontario and 

aeconded by The Honourable Wta. K. Varrender, Q.C*, and duly carried: 

''Ordered, That a Select Conanittee of this House 
he appointed to enquire into and reriev The 
Mumicipal Act of the Prorince and related Acts, 
Indvidlng The Assessment Act, The Department of 
Municipal Affairs Act, The Local Jxaprarmtant 
Act, The Ontario Municipal Board Act and The 
Planning Act, and the regulations mads there- 
under, for the imrposes of modernizing, 
ccmsolidating and simplifying such Acts and 
regulations and maXAng such reconmendations as 
may be necessary for their liqprov-ement. 

And That the Select CcBSBittee hare authority 
to sit during the internal between Sessions 
and hflcv'e full power and authority to call for 
persona, papers and things and to eTawlne 
witneases under oath, and tbe Assembly doth 
ecaaand and cos^el attendance before the OoBBittaa 
of siu^ persons and the production of such 
papera and things as it may dean neoeaaary for 
any of its proceedings and daliberationa, 
for wfaldn purpose the Honourable the Spaakar 
■ay iasua hia warrant or warrants. 

And that the said Conad-ttee consist of nine 
members, aa followa: 

Mr. Beckett (ChaiziMn), Neaara. Beliale, 
Srans, Cowling, Gordon, Morrow, Ndfeil, 
Singer and Thomas. 

Mrs. H. 0. Rowan waa ssipolnted Secretary to the 

Committee and Mr. R. B. Andrewa waa sgppolntad Aaaiatant Secretary* 



Appendix A 



- 2 - 



Thtt Conmlttee held its first meetlDg on April 19th 
followed "by sixteen meetings all held in the City of Toronto. 

The Oeneral Index in Volume ^ of The Rerised Statutes of 
Ontario 196O, lists under The Municipal Act> Volume 3, Chapter 249> 
forty-tvo related Acts including The Assessment Act, The Department 
of MoniciiMd Affairs Act, The Local Jjaprormaexxt Act, The Ontario 
Municipal Board Act and The Planning Act. 

On Nay 11th a letter was sent to the clerk of each munici- 
pality stating the tezms of reference subotitted by the Legislature 
to this CcBBiittee. It was requested that the clerk transmit this 
information to the persons etc. ^o might wish to present a brief 
or sutxaissions, e.g., muzxicipal council, other elected and 
appointed bodies, senior officials etc. 

Thirty- one briefs or submissions have been received from 
municipalities and thirty from other organisations or individuals 
and we have been infozmed that several more will be submitted. 

The. Connittee has reviewed The Municipal Act, The 
DeiMurtmsnt of Municipal Affairs Act, The Assessment Act, The 
Planning Act axud The Local Lqprovement Act with the Minister of 
Municipal Affairs, the Assessment CooBissioner of Metropolitan 
Toronto and the officials of the Department of Municipal Affairs; 
The Ontario Municipal Board Act with the Chairman of The Ontario 
Municipal Board; The Hi^way Lqpcrovement Act with the Municipal 
Engineer, Municipal Roads Branch, Department of Highways; The 



Appendix A 
- 3 - 

CoiuiexTatlcm Authorities Act with the Director ezid Chief Ccmaerretioa 
Enginear^ Coiuiervatlon and Parki Brazicb, Department of Ccanerce and 
Develoinent; end The Votere' Lleti Act vith the Clerk of the Legialature. 

The najority of the hrlefe and aulnisilona filed hanre been 
read and diaeoaaed by the Ccnmittee. Beveral of the brief a axad 
aubad-aaiona receired frcn different organizations referred to 
proviaiooa of The Aasesonent Act regarding bxisiness assessment. The 
CaaBd.ttee felt that infonaation should be obtsiined from the munici- 
jMLlitlea setting out the particulars of the business tax levied. 
Jbout four hundred DunicipfliLities have replied to the questionnaire 
giring the Ccooittee the rexjuired infonaation. 

The Committee wishes to thank the Minister of Municipal 
Affaira> the Assessment Commissioner of Ifetro and senior civil 
aervanta «ho have attended meetings and assisted in the understanding 
of the rarioua Acta* 

The tezna of reference of the Committee stated ** to 

enquire into and review The Municipal Act of the Province and related 
Aota>......... axid the regulations made thereunder, for the pxirposea 

of Bodemlslng, cooaolidating and sixoplifying such Acts and 
regulationa and making fuoh reocnnendations as may be necessaxy for 
their iogprovenent." 

The Prime Minister aaid on January 2Uth, 196l, when he 
Intiroduced the notice of motion for the appointiKnt of a Select 
CooDoittee to enquire into and review The Municipal Act and related 
Acta of the Province" the review of The Municipal Act and 



Appendix A 



- k - 



related Acts Is a hiige task vhich will Involve a very cooslderable time, 
very proba3E>ly a ouniber of years."* 

It is the considered opinion of the Coomittee that public 
■eetings shovild be held at vhich all organizations or persons who have 
subnltted a written subsission be Ixxvited to appear in support of the 
sulaission filed and that those ^rtio have not heretofox&nade submissions 
be given the opportxmity of appearing and offering constructive 
criticism. 

Because the field assigned is so extensive your CoBnmlttee 
has not had tljne to ccnplete its review of the legislation referred to 
it or to discuss the recooiaendatlons isade with the authors of the briefs 
and subnissiOQS filed. The Coamittee therefor requests that Its 
existence be extended In accordance with tezms of reference of the 
iresolutloa establishing this Select Cotoaittee. 



Arthur Evans ^ 



^ 



^ ^<^ - / . 






is E. Beckett, Chalratan 




Ill's* 'SVana ( ^^ ~^ 



George T. Gordon 



^ i^P-'i ff^<^ <'S \ J 




Donald H. Morrow' 



X^A-: yx %-^j£ 




Vernon N. Singe; 




Thomas D. Thomas 



Appendix B 




ONTARIO 
LEGISLATIVE ASSEMBLY 



SELECT COMMITTEE ON THE MUNICIPAL ACT AND RELATED ACTS 

;nt buildings. 

D 5 

May 11, 1961. 



ROOM 377. PARLIAMENT BUILDINGS. 
TORONTO 5 



To Clerks of all Municipalities: 



A Select Committee on The Municipal Act and related Acts was appointed at the 
last Session of the Ontario Legislature with the following terms of reference - 

"Ordered, That a Select Committee of this House be appointed to enquire into 
and review The Municipal Act of the Province and related Acts, including The 
Assessment Act, The Depaxtment of Municipal Affairs Act, The Local Improvement 
Act, The Ontario Municipal Board Act and The Planning Act, emd the regulations 
made theretmder, for the purposes of modernizing, consolidating emd simplifying 
such Acts and regulations and making such recommendations as may be necessary 
for their improvement." 

This Select Committee has commenced its meetings and realizes that many 
municipal coimcils, other elected and appointed bodies and their senior officials 
may wish to present a brief or submission. 

In order that we may plan the agendas of future meetings intelligently we would 
j like to have some knowledge of the number of briefs we are likely to receive. We 
'therefore request that, should you intend to present a brief or submission you will 
inform us of this intention by June 1st next Shovild you so indicate you will be 
informed later of the date set for the presentation of the brief or submission and 
other pertinent information. Please address your reply to Mrs. H. G. Rowaja, 
Secretary of this Committee . 

I 

' Since we do not have a complete list of the persons in your municipality who 
should be informed of this matter we are addressing this request to you sjid would ask 
you to trajismit it to the appropriate people . 

Your co-operation will be appreciated. 

Yours very t 




■>-eJ2Ajg 




Hollis Beckett, Q.C., M.P.P., 
Chairman. 

hb/r 




Appendix C 



LEGISLATIVE ASSEMBLY 

SeSect Comsnittee on The 
Municipal Act and related Acts 

The Select Committee appointed by the Legislative 
Assembly of the Province of Ontario ". . .to enquire 
into and review The Municipal Act of the Province and 
related Acts, including The Assessment Act, The De- 
partment of Municipal Affairs Act, the Local Improve- 
ment Act, The Ontario Municipal Board Act and The 
Planning Act, and the regulations made thereunder, for 
the purposes of modernizing, consolidating and simpli- 
fying such Acts and regulations and making such recom- 
mendations as may be necessary for their improvement" 
w^ill continue to hold public meetings in Toronto com- 
mencing on September 26th. 

Elected members and appointed officials of municipal 
governments, local boards, commissions etc., groups of 
persons and individuals are invited to present submis- 
sions pertaining to the legislation applicable to 
municipal government. 

Notice of intention to make a submission to the Select 
Committee should be sent to the Secretary by September 
13th. Notice of the time allocated for appearance will be 
given as soon as possible. 

Mollis E. Beckett, O.C.m.p.p.. Mrs. H. G. Rowan, C.A.. 
Chairman. Secretary, 

Box 105, 

Parliament Buildings, 

Toronto. (Telephone 365-2241 , Loc. 43) 



Appendix D 



WRITTEN SUBMISSIONS 
MADE TO 
SELECT COMMITTEE ON THE MUNICIPAL ACT 
AND RELATED ACTS 



Municipalitie s 

Ajax, Town of 

Asphodel, Township of 

Barrie, City of 

Barrie, Township of 

Blind River, Town of 

Brantford, City of 

Burlington, Town of 

Derby, Township of 

Dunnville, Town of 

Falconbridge, Township of 

Goderich, Town of 

Kingston, City of 

Lancaster, Township of 

Lobo, Township of 

London, City of 

Long Branch, Village of 

Melancthon, Township of 

Neustadt, Village of 

North Bay, City of 

Ontario County Council 

Otonabee, Township of 

Ottawa, City of 

Pittsburgh, Township of 

Renfrew County and Warden's Committee of Renfrew County 

St. Thomas, City of 

Scarborough, Township of 

Scarborough, Township of - Recreation and Parks Department 

Somerville, Township of 

Stisted, Township of 

Sarnia, City of 

Thornbury, Town of 

Toronto, City of 

Welland, County of 

Wentworth County Council 

Weston, Town of 



Appendix D 



Municipalities (continued) 

Whitby, Township of 
York, Township of 
York East, Township of 



Local Boards and Commissions 

Burlington & Suburban Area Planning Board 
Metropolitan School Board 
Whitby Public Schools 



Private Organizations and Individuals 

Aggregate Producers Association of Ontario 

Association of Assessing Officers of Ontario 

Association of Canadian Distillers 

Association of Ontario Counties 

Association of Ontario Mayors and Reeves 

Association of Professional Engineers, The 

Association of Women Electors of Toronto 

Automotive Transport Association of Ontario (Inc.) 

Bell Telephone Company of Canada, The 

Bolsover Resort Association 

Bowling Proprietors Association of Ontario 

Business and Professional Women^s Club, The, London 

Canadian Bankers' Association, The 

Canadian Fraternal Association, The 

Canadian Life Insurance Officers Association, The 

Canadian Retail Coal Association Inc. 

Canadian Textbook Publishers' Institute, The 

Canadian Wholesale Council 

City Engineers' Association of Ontario, The 

Crockford, Oliver, E, 

Direct Sellers Association 

Donovan, Wm. T. 

Gariepy, Kenneth, A, 

Gas and Petroleum Association of Ontario, The 

Goodhead, Norman, C, 

Grand Orange Lodge of Ontario West, The 

Gray, A. J.B. 

Guelph Property Owners Association 



Appendix D 



Private Organizations and Individuals (continued) 

Haliburton Highlands Property Owners' Council 

Hepditch, G, D, 

Herman, Bernard, Q.C, 

Institute of Municipal Assessors 

Kerr, A.B. 

McDougall, Kenneth 

Medora & Wood Ratepayers' Association 

Metropolitan Toronto Police Association 

Metropolitan Toronto Public Utilities Co-ordinating Committee 

Mitchell Lake Cottage Ratepayers' Association 

Monument Builders of Canada Association Inc. 

Motion Picture Theatres Association of Ontario 

Muskoka Lakes Association 

National Concrete Products Association 

National House Builders Association, Ontario Council 

National Union of Public Employees, The (Ontario Division) 

National Union of Public Service Employees, CLC 

Norton, J, 

North York Community Council 

Oakville- Trafalgar Business Protective Bureau, Inc. 

Ontario Association of Real Estate Boards 

Ontario Chamber of Commerce, The 

Ontario Creamerymen's Association, The 

Ontario Federation of Agriculture 

Ontario Forest Industries Association 

Ontario Mining Association 

Ontario Municipal Association 

Ontario Municipal Association - Town & Village Section 

Ontario Parks Association 

Ontario Property Owners Association 

Ontario Retail Feed Dealers Association 

Ontario Retail Lumber Dealers Association Inc. 

Ontario Traffic Conference, The 

Ontario Travel Associations, The Joint Board of 

Periodical Press Association 

Petroleum Association of Ontario, The 

Police Association of Ontario 

Provincial Federation of Ontario Professional Fire Fighters, The 

Public School Trustees' Association of Ontario, Inc., The 

Seventh- Day Adventist Church in Canada (Ontario Conference) 

Simpson, Robert, M, 

Somerville Ratepayers' Association 



Appendix D 



Private Organizations and Individuals (continued) 

Taxpayers Association of Kitchener 

Toronto Parking Operators' Association, The 

Trust Companies Association of Canada, The 

Urban Development Institute, (Ontario Division) 

Williams, John Reesor 

York Township Citizens* Committee 

York Township Ward 4 Ratepayers' Association 



Appendix E 



ATTENDANCES 
UPON THE 
SELECT COMMITTEE ON THE MUNICIPAL ACT 
AND RELATED ACTS 



Municipalities 

Ajax, Town of 

Asphodel, Township of 

Barrie, City of 

Barrie, Township of 

Brantford, City of 

Derby, Township of 

Kingston, City of 

Lobo, Township of 

London, City of 

Long Branch, Village of 

Neustadt, Village of 

Ontario County Council 

Ottawa, City of 

Pittsburgh, Township of 

St. Thomas, City of 

Scarborough, Township of 

Scarborough, Township of - Recreation and Parks Department 

Somerville, Township of 

Sarnia, City of 

Toronto, City of 

Welland, County of 

Wentworth County Covmcil 

Whitby, Township of 

York, Township of 

York East, Township of 



Local Boards and Comnnissions 



Metropolitan Separate School Board 
Metropolitan School Board 
Whitby Public Schools 



Appendix E 



Private Organizations and Individuals 

Aggregate Producers Association of Ontario 

Association of Assessing Officers of Ontario 

Association of Canadian Distillers 

Association of Ontario Counties 

Association of Ontario Mayors and Reeves 

Association of Professional Engineers, The 

Association of Women Electors of Toronto 

Bolsover Resort Association 

Bowling Proprietors Association of Ontario 

Canadian Bankers' Association, The 

Canadian Fraternal Association, The 

Canadian Life Insurance Officers Association, The 

Canadian Retail Coal Association Inc. 

Canadian Textbook Publishers' Institute, The 

Canadian Wholesale Council 

City Engineers' Association of Ontario, The 

Crawford, Professor K, Grant 

Crockford, Oliver, E, 

Direct Sellers Association 

Gariepy, Kenneth, A, 

Gas and Petroleum Association of Ontario, The 

Goodhead, Norman, C, 

Grand Orange Lodge of Ontario West, The 

Gray, A, J. B. 

Guelph Property Owners Association 

Hepditch, G. D. 

Herman, Bernard, Q.C, 

Institute of Municipal Assessors 

Jones, Oakah, L. 

Kerr, A.B. 

Manning, H.E. , Q.C. 

Medora & Wood Ratepayers' Association 

Metropolitan Toronto Police Association 

Metropolitan Toronto Public Utilities Co-ordinating Connmittee 

Monument Builders of Canada Association Inc. 

Motion Picture Theatres Association of Ontario 

Muskoka Lakes Association 

National House Builders Association, Ontario Council 

National Union of Public Ennployees, The (Ontario Division) 

National Union of Public Service Employees, CLC 

Norton, J. 



Appendix E 



Private Organizations and Individuals (continued) 

Oakville- Trafalgar Business Protective Bureau, Inc. 

Ontario Association of Real Estate Boards 

Ontario Creamerymen's Association, The 

Ontario Federation of Agriculture 

Ontario Forest Industries Association 

Ontario Municipal Association 

Ontario Municipal Association - Town h Village Section 

Ontario Parks Association 

Ontario Retail Feed Dealers Association 

Ontario Retail Lumber Dealers Association Inc. 

Ontario Traffic Conference, The 

Ontario Travel Associations, The Joint Board of 

Petroleum Association of Ontario, The 

Police Association of Ontario 

Provincial Federation of Ontario Professional Fire Fighters, The 

Public School Trustees' Association of Ontario, Inc., The 

Saunders, Leslie, H. 

Scarborough Farmers & Associates 

Seventh- Day Adventist Church in Canada (Ontario Conference) 

Simpson, Robert, M, 

Somerville Ratepayers' Association 

Taxpayers Association of Kitchener 

Toronto Parking Operators' Association, The 

Trust Companies Association of Canada, The 

Urban Development Institute (Ontario Division) 

Whitton, Mayor Charlotte 

Williams, John Reesor, 

York Township Citizens' Committee 

York Township Ward 4 Ratepayers' Association